What is the Punishment for Stealing at Work?

In Canada, being charged with any criminal offence can have serious negative implications on an individual’s life. Those convicted of fraud and theft offences may have difficulty attaining and maintaining gainful employment, may be barred from working or volunteering with certain groups of people, and may have difficulty travelling outside of Canada.

Where an individual is caught stealing from or defrauding their place of employment the consequences can be even more severe. Those who are caught stealing from or defrauding their employer will almost always be terminated as a result. The employer may also choose to report the matter to police and criminal charges may be laid. Further, where the accused is a regulated professional they may be reported to their regulatory body and sanctioned further.

Those caught stealing from their employer may be charged with theft under $5,000 or theft over $5,000 depending on the value of the items or money taken. If the accused is still in possession of the stolen property or proceeds from the stolen property, they may also be charged with possession of property obtained by crime. Similarly, an individual who is caught defrauding their employer may be charged with fraud under $5,000 or fraud over $5,000 depending on the value of the fraud. An individual who falsifies a time clock at work may also be charged with falsifying employment records.

If you are being investigated for theft or fraud at your place of employment it is important to protect your rights as soon as possible. Donich Law has experience assisting clients in navigating workplace investigations. We also have experience defending criminal theft, fraud, possession of property obtained by crime and falsifying employment records cases. We combine risk management, negotiation, and litigation to achieve favourable results for our clients. Click here for more information on Theft From Work.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

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Frequently Asked Questions

What will Happen if I am Caught Stealing from my Employer?
What will Happen if I am Caught Defrauding my Employer?
What are the Penalties for Stealing from my Job?
What are the Penalties for Defrauding my Employer?

Additional Resources

Assault
Assaulting a Peace Officer
Sentencing Factors
Criminal Records for Theft
Keeping Your Charges Private
Release from Police Custody
Theft From Your Employer
Resolving Shoplifting Charges
U.S. Waivers
Vulnerable Sector Screening
Consequences of a Criminal Record
Immigration Consequences
Elements of a Crime
Your Rights

What will happen if I am Caught Stealing from my Employer?

If you are caught stealing from your employer, you will almost certainly be terminated. When an employer has reason to believe an employee is stealing from them, they will launch an investigation. In most cases, the employee will be asked to attend a meeting with the Human Resources department or another individual in a managerial role. If the company has proof of the theft prior to the meeting, or the employee admits to theft in the meeting they will almost certainly be terminated.

In addition to terminating the employee, the employer may also choose to report the matter to law enforcement. Once they have received a report of theft, the police will do their own investigating to determine if there is enough evidence to arrest the accused. If arrested, the accused may be charged with theft under $5,000, theft over $5,000 or possession of property obtained by crime.

If convicted, the accused will have a criminal record which will likely impact their ability to gain and maintain future employment. Many employers require a clean background check prior to agreeing to hire someone new.

What will happen if I am Caught Defrauding my Employer?

When an employer suspects one of their employees has defrauded the company, they will generally launch an internal investigation. An employer may suspect employee fraud in situations where an employee is altering their hours to collect unearned wages. In other situations, an employee may have defrauded their employee group health benefit plan and their employer was notified by the insurance company.

Regardless of the type of fraud, an employee who is suspected of committing fraud at work will likely be called into a meeting with management and questioned about the alleged activity. If management has enough evidence to prove that the impugned employee is guilty of fraud, they will be terminated.

In addition to terminating the employee, an employer may also report the matter to police. The police will then launch an investigation of their own to determine whether there is enough evidence to arrest the accused. If the accused is arrested, they may be charged with fraud under $5,000, fraud over $5,000 or falsifying employment records.

An individual who is convicted of any of these offences will be left with a permanent criminal record which, among other things, is likely to affect the individual’s ability to seek and maintain gainful employment.

An employer may also choose to launch a civil lawsuit against the employee to recover the funds that were taken. An individual who is sued and loses may be forced to pay back the judgement amount as well as costs and legal fees for the employer.

What are the Penalties for Stealing from my Job?

An individual who is caught stealing from their job will almost always be terminated as a result. In some situations, the employer may choose to report the matter to law enforcement, in which case it is likely that the employee will be arrested and charged.

An individual caught stealing from their employer may be charged with theft under $5,000, theft over $5,000 or possession of property obtained by crime. The maximum penalty for those convicted of theft under $5,000 is two years in prison. The maximum penalty for those convicted of theft over $5,000 is five years in prison. The maximum penalty for those convicted of possession of property obtained by crime is between two and ten years in prison where the value of the property is more than $5,000 and a maximum of two years in prison where the value of the property is less than $5,000.

In addition to the criminal sanctions that will accompany a theft or possession of property obtained by crime conviction, those with a criminal record will also face negative consequences in other aspects of their lives.

As outlined above, those with a criminal record may have difficulty maintaining employment as the majority of employers require a clean background check prior to hiring someone. Those with a criminal record may also have difficulty traveling outside of Canada, especially to the United Stated.

What are the Penalties for Defrauding my Employer?

An individual who is caught defrauding their employer will almost always be terminated as a result. An individual who defrauds their employee health benefit plan may also be banned from using online filing systems to make claims. In some situations, the employer or the insurance company may choose to report the matter to law enforcement, in which case the employee is likely to be arrested and charged.

Those who have been caught defrauding their employer or an insurance company may be charged with fraud under $5,000, fraud over $5,000 or falsifying employment records. An individual who is convicted of fraud under $5,000 will face a maximum of two years in prison. An individual who is convicted of fraud over $5,000 will face a maximum of fourteen years in prison. An individual who is convicted of falsifying employment records will face a maximum of two years less a day in prison and/or up to a $5,000 fine.

If you have been accused of stealing from or defrauding your employer, it is important to consult with legal counsel to ensure your rights are being protected. Donich Law can guide you through the process, negotiate with your employer or insurance company and manage risk to avoid criminal charges being laid.