Quick Answer: Can I Sue My Boss For Accusing Me Of Stealing?

What is the maximum sentence for theft from employer?

A person found guilty of theft from employer on conviction on indictment would be liable to a maximum custodial sentence of 7 years..

How can I prove my innocence when falsely accused?

Take Matter SeriouslyMaintain Silence. … Get The Best Lawyers. … Don’t Get In Contact With Your Accuser. … Turning The Case Around Is One Way Of How To Prove Innocence When Falsely Accused. … Gather As Much Evidence As Possible. … Avoid Plea Deals. … In A Nutshell.

Can you sue your job for accusing you of stealing?

“An accusation of theft, if proven false, could lead to a defamation action. You need solid evidence, such as an eyewitness, before you can accuse an employee of theft. … However, once a particular employee is suggested as the guilty party, the employer can then ask questions regarding that employee.

What to do if your boss accuses you of stealing?

Were You Accused of Employee Theft? Here Are the Steps You Should TakeAsk Questions. … Seek Legal Representation. … Don’t Be Pressured Into Giving Up Your Right To An Attorney. … Remain Calm. … Know Your Rights.

Does an employer have to prove theft?

An allegation of theft is a powerful accusation and one that should never be taken lightly. While an employer ordinarily bears no burden of proof at trial, the jury will look for the employer to prove an accusation of theft beyond a reasonable doubt.

Can I be fired for suspicion of theft?

Can an employee be fired for stealing? Under the Fair Work Act 2009, theft or fraud is considered to be “serious misconduct”. … Employers should always conduct a thorough investigation into an alleged theft prior to taking any disciplinary action against the employee.

What is considered stealing in the workplace?

Employee theft is defined as any stealing, use or misuse of an employer’s assets without permission. The term employer’s assets are important because it implies that employee theft involves more than just cash. In many industries, there are much more important things than cash that employees can steal from a company.

Is theft grounds for immediate dismissal?

If theft is occurring in your business, it’s important to act as swiftly as possible to minimize the damage. In some cases, an employee’s behavior may merit dismissal. … Unfortunately, in many cases, the only way to keep the employee from hurting the business is immediate dismissal.

How do you defend yourself from false accusations at work?

To defend threats to your job due to false accusation, remain calm and gather as much evidence to support your side of the story as possible. Do what you can to manage the situation from within the workplace and speak to an attorney if you feel you may have to take legal action to protect your job or your reputation.

Can you press charges against someone for making false accusations?

Filing a false police report is a crime and can be charged as a misdemeanor or a felony. If you decide to call the police and file a report of a fake crime against someone else, it will be considered a false police report.

What happens if I steal from my employer?

Yes. If your employer decides to press charges against you then you can be charged with theft or larceny. These are serious charges and, among other things, will become a matter of public record. You’ll face steep fines, legal fees and even possibly jail time if the crime was large enough to warrant that sentence.

Can you go to jail for stealing from your employer?

If you’re lucky, you’ll be able to repay what you’ve stolen and walk away from the situation altogether, but if the company decides to seek criminal justice, you could be facing jail time. … However, most often than not, if you do whatever your employer suggests, you can avoid criminal charges for petty theft.

Is it against the law to accuse someone of stealing?

Accusing someone of a crime normally falls under defamation per se. … If you do not have defamation per se, you may still have the basis for a suit, if you can show actual damages.

Is theft a serious misconduct?

Theft can fall under serious misconduct or willful breach of trust. Whenever an employee steals something from the company, the employer may institute at least two actions: An administrative case threatening dismissal from service and a criminal case. …

What do you do when your boss is making your life miserable?

What to Do If Your Boss Is Making Your Life MiserableHonestly evaluate the situation. … Understand your boss’ issues and communication style. … Create a written record. … Don’t waste your energy on thinking about your miserable boss. … Know that you did not do anything wrong. … Take the high road. … Speak to someone in Human Resources.More items…

What proof do you need to accuse someone of stealing?

Your friend’s accusation is evidence! You don’t need to prove anything. You just need to exercise your right to remain silent, because once the authorities decide you did it, no matter what you say it will be twisted around to incriminate you. So, speak not a word unless it is to your attorney.

How do you defend against false accusations?

Here are some ways that you can protect yourself in this situation:Realize the seriousness of the accusations. … Understand the cost of a defense. … Intervene before charges. … Take no action. … Gather any physical evidence and documents. … Obtain witness contact information. … Investigation. … Plea bargain.