Theft from Your Employer and Work

Stealing from one’s employer is a very serious matter which can result in severe consequences for those who are caught and convicted. Those who are caught stealing from their place of employment will almost certainly be terminated. In addition, their employer may report them to the police and to the relevant professional regulatory body if the employee was a regulated professional. Theft from one’s employer is seen as particularly aggravating due to the position of trust employees hold. Click here for more information on the punishments for stealing from work.

In 2021, the Firm successfully defended an individual charged with theft over $5,000 and falsifying employee records in R. v. K.S. [2021]. The accused was charged after allegedly committing time theft by falsifying time records for close to $15,000.00. Police traced the IP address used to make changes to the time records and linked it to the accused. The case was further complicated by the fact that the accused was in the process of becoming a Canadian citizen. The Firm was ultimately able to secure a withdrawal of the charges after presenting evidence that the accused had in fact been completing work from home and by raising concerns with evidence presented by another staff member with a previous conviction for fraud.

The Firm has extensive experience defending employees charged with sophisticated internal financial crimes. In the Firm’s R. v. E.K. [2020], it secured a withdrawal of a $30,000.00 internal theft related to merchandise being allegedly stolen from a factory. The scheme was conducted by a manager and junior employee, including the family members of staff who were allegedly helping move the product. In 2018, the Firm stayed nine (9) charges of money laundering foreign proceeds of crime from the United States in an estimated $1,000,000.00 internal Gold Bullion fraud. Cash was allegedly being stolen from senior citizens and converted to Gold in its R. v. Z.U. [2018].

In the Firm’s S. G. [2020], it resolved a $53,423.00 USD internal fraud allegation from Roots Canada without a criminal record. The employee was allegedly creating forged documents to divert company money to fake companies. In July 2017, the Firm resolved an $18,500.00 cash theft from a CIBC bank employee on the job without a record, in its R. v. D.D. [2017]. In April, 2019, the Firm resolved a $170,000.00 combined civil and criminal internal employee fraud allegation without a criminal record in its R. v. O.I. [2019]. The employee was allegedly refunding false transactions to credit cards.

The Firm has also increasingly represented concerned employees during an internal theft investigation. Employees have contacted the Firm where they suspect they will soon be investigated to best prepare themselves and safeguard their legal interests. Unlike law enforcement, an employee actually has much less legal protection and rights with an internal loss prevention investigator. Anything said to corporate security will be documented and ultimately provided to police, should criminal charges be pursued. If an employee makes self-incriminating statements, signs any admissions or provide any evidence to their employer, it significantly decreases the ability of the defence lawyer to later combat criminal charges. Resigning, attempting to “get ahead” of things or running away also have negative implications because an adverse inference may be drawn.

In the Firm’s File No. 38****2, it discreetly defended an employee in 2020 under investigation for missing company property close to $10,000 in value. The Firm did not reveal itself to the employer and was able to guide the employee through the internal investigation with international corporate security without any criminal charges, including saving their employment. We were able to strategically help the employee answer appropriate questions while shielding them from potential liability associated with the investigation.

In the Firm’s File No. 28****2 it assisted an employee at the Rogers Centre with an internal theft investigation related to missing merchandise. The company was conducting an audit and reviewing video surveillance. The employee was not arrested and maintained his employment. The Firm had to prepare the employee for a workplace investigation related to the stolen merchandise. The employer was unaware the Firm was providing legal advice to the employee which can often be a powerful strategic choice. Companies can sometimes draw an adverse inference where the employee has counsel.

In the Firm’s File No. 58****1 it discreetly assisted a long standing employee related to a complex kick back scheme. The employee was interviewed multiple times, the company attempted to seize property and the investigation was ultimately resolved without any criminal charges. The Firm was able to protect the accused’s privacy interest in his personal property which was being sought by forensic accountants for analysis. By protecting the rights of the employee, the Firm was able to avoid potential criminal and civil liability. The employer did not care about any privacy interest in the data stored in electronic devices. By protecting those interests, the Firm was able to protect the employee.

In February 2021, the Firm defended a Canada Post employee alleged to have defrauded Sun Life $8000.00 in its Case No. 03****2. The matter was referred to Ottawa Police by Sun Life and the accused contacted for investigation. The Firm prepared the employee for interrogation over on three separate occasions. The Firm was able to challenge the alleged false claims and ultimately saved the accused’s employment after negotiations with national legal counsel, including avoiding criminal charges.

In 2021, the Firm defended a retail manger under investigation for an internal theft of company property in its File No. 52****9. The employee contacted the Firm immediately and prior to meeting with their employer. The Firm worked behind the employee anonymously during the investigation where the matter was ultimately resolved without reporting to law enforcement or any factual finding of internal theft. When an employee is being investigated early, they are vulnerable and will often be cornered by their employer into making an admission.  While there is no specific criminal offence for stealing from one’s employer, there are several different offences that an individual may be charged with. The breach of trust associated with workplace theft will also be an aggravating factor at sentencing.