Question: Can You Be Fired For Stealing Company Time?

What is considered stealing company time?

Time theft is when an employee receives pay for time they did not actually work.

This is considered stealing company time.

Time theft primarily applies to hourly employees.

There are more ways for hourly employees to commit time theft than there are for salary employees..

Can you fire an employee for theft?

Depending on the seriousness of the theft, you may find it necessary to temporarily suspend an employee while an investigation is conducted, but you cannot fire an employee simply based on suspicion. Look for unequivocal evidence that the employee has committed theft.

Can you go to jail for falsifying a timecard?

For more serious cases, further disciplinary action may need to be taken. Falsifying time card data is a serious concern for companies today, and one that, in extreme cases, can even be considered a form of larceny –carrying the risk of potential jail time and fines.

How long does a company have to press charges for theft?

four yearsThe statute of limitations for felony theft is four years. The typical way you find out that there is a warrant for your arrest is when the police come looking for you or you get stopped while driving a car. If you want to start fighting your case and know what is going on then you should hire a lawyer immediately.

How do you terminate an employee for theft?

A Step-by-Step Guide to Terminating Employees for TheftThe Investigation. … The Appropriate People Should Conduct the Investigation. … Make Sure the Accused Tells Their Side. … Follow Your Own Internal Policies. … Make Sure Your Witnesses Provide Their Own Testimony. … Preserve Records and Recordings. … Catching the Thief. … Destroy the Expectation of Privacy.More items…•

Is it illegal to steal time?

What is time theft? Time theft, “time and attendance fraud,” or “time card fraud,” are all terms that describe the same general conduct: receiving pay for hours not actually worked or tasks not actually completed. These are not themselves federal crimes, and there are no specific time theft laws.

Are workers stealing time?

They’re stealing time. … Employee time theft can certainly hurt your business by decreasing employee productivity and costing you money. It’s important to address situations when employees are habitually late to work, not clocking in properly, and/or participating in time-wasting activities.

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.

What happens if I get caught stealing from work?

If you steal from your employer, the starting point is quite simple – this can, and often does, amount to gross misconduct. This means that you can be dismissed immediately and without notice. … Whether correct procedures were used, taking into consideration the law and the resources and size of your employer.

Is it illegal to clock in and not work?

Working off the clock labor is that which is unpaid or not contributing to overtime pay, and is usually illegal. The United States Fair Labor Standards Act (FLSA), is legislation designed to protect workers in most states. … Farm work as part of the employment agreement.

How do I dismiss employee for theft?

Dismissing a Thieving EmployeeThe exact date of when the employee stole the property;Tell him in detail what he did (see sample below);Do not bluntly accuse him. Use words, like ‘alleged’, ‘suspected’ and ‘removing property’ instead of ‘you did’ and ‘you stole’;Use language the employee will understand. … Keep the description simple.

Can you get in trouble for stealing time at work?

If you have intentionally submitted falsified time records to get more money than you were entitled to receive from your employer, you have committed a theft crime. You could be criminally charged for that.

Can an employer press charges for theft?

Your employer, like any private individual cannot prosecute you. What they can do is to turn the evidence from their investigation over to the police or FBI. A prosecutor can then choose to bring charges against you for the theft. The fact that you quit will be irrelevant to the decision whether to prosecute you.

What is considered stealing from work?

Employee theft is defined as any stealing, use or misuse of an employer’s assets without permission. … Below are some of the different assets that employees normally steal from their employers: Money – the most common asset stolen from employers. Time – Occurs when an employee is paid for time that he/she did not work.

How do you steal time?

Time Theft: Top 7 Ways Employees Steal TimeBeat the (Time) Clock. It’s not uncommon for employees to fudge their time or round down their minutes when completing paper time sheets. … Buddy Punching. Buddy punching is a big problem for many employers. … Long Lunches and Extended Breaks. … “Goofing Off” … Beware of the Internet. … Swipe Card Shenanigans. … Hide and Seek.

Can I be fired for theft without proof?

Unfortunately, you can be terminated from your job even if your employer does not have proof of stealing. … That means that either you or your employer can terminate the employment relationship for any reason, or for no reason at all.