What Can You Do when You Believe Your Employer is Setting You Up for Theft

My question involves criminal law for the state of: California

It's hard to figure out what the next step should be without giving details which could result in this person being identified, but I'll try. So, the employer is being sued for back wages. They file a report with police claiming theft. No official charges filed yet and employee only knows from digging and contacts. Now employer is saying money is missing, money employee has always known full well is accounted for down to the last penny. Employee would not and has not stolen. (It doesn't seem to matter, but I'm just throwing that out there.) Employee lives in poverty, has a family to take care of, and has no one who can help financially. Well aware that that looks like motive, but my point is that whatever employer fabricates cannot be fixed by employee. So whatever they do to make employee look like a thief will just have to be lived with/fought. I don't know. What are the options?

I have no idea of a ballpark figure yet because they haven't decided how much yet. They're only saying stuff is missing. They usually give a figure. I'm aware that stuff has been tampered with. They have cameras which magically don't work when stuff happens, but for such a long period that nothing can be proved one way or another. Logs are missing. Things go missing overnight. Only reason employee hasn't quit yet is employer has to have someone present and is avoiding setting a date while making things go missing.

So my question is what can employee do, if anything, now or later, assuming things go downhill? Should employee go to the police? Employee has been set up in the past and was charged despite experts proving innocence, so not feeling optimistic but not wanting to sit and wait for things to get even worse. So what can an employee do when he/she suspects his/her boss is framing him/her? Why are employers even allowed to do this so easily...?

If somebody accuses you of theft, and you have proof that the allegedly stolen money "is accounted for down to the last penny", you had best be prepared to offer that evidence to the police.

If the employee believes he is being "set up" for an accusation of theft, obviously he should seek work elsewhere. If he believes he may face criminal charges, he should consult a criminal defense lawyer.

Well, the only way to prove that the stolen property is accounted for down to the last penny has also been stolen, so...they have that covered. They've also flushed the emails, so everything useful to employee is gone.

Employee had a job lined up but that time has come and gone. Employee's lawyer stated if he wasn't present when employee quit, employer could come back later and say property was missing. Employee has only hung on to make sure lawyer and employer were present so this very thing would not happen. Employee is also aware that employer has accused all previous employees in the same position of theft, but all those emails are also gone, so no proof there. Lots of things employee knows but has no physical proof of anymore. It's coming down to employee's word against their lies. They can edit certain property details with no paper trail too, so that doesn't help.

Employee has tried to find extra work during off hours, but has had no luck, and off hours aren't many anyway.

If they're going to accuse you, then they're going to accuse you. The burden is on THEM in a civil trial, and on the prosecution in a criminal trial, to PROVE the theft - rather than for you to prove innocense.

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Lots of things employee knows but has no physical proof of anymore. It's coming down to employee's word against their lies. They can edit certain property details with no paper trail too, so that doesn't help.

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If the employee wasn't smart enough to DOCUMENT issues they knew were potentially occurring that might later be ripe for "pinning" on the employee, that's sad for the employee, and the employee probably should have left way back then.

Mr. K gave the only possible advice:

If the employee believes he is being "set up" for an accusation of theft, obviously he should seek work elsewhere. If he believes he may face criminal charges, he should consult a criminal defense lawyer.

Employee documented what was still available when it was clear what employer was capable of. It wasn't clear before because employee was aware of several employees who really were stealing and gave the employer the benefit of the doubt.

Employee already consulted a criminal defense attorney and was told the city there is very pro-corporation. The only way for employee to afford a good lawyer would be to actually steal, and employee isn't willing to do that. Thank you though for taking the time to respond, both of you. It was much appreciated.

If employee doesn't report to work on X day, he can't be stealing on X day, now can he?.

You are likely an "At Will" employee who can quit at any time, with or without notice. And the boss does not have to be there for you to quit, unless it is in some kind of contract you signed.

Myself: I would get another job asap. And forget about the two weeks notice, it doesn't sound like you would get a good recommendation from there anyway.