Monetary Civil Demand for Stealing from an Employer

An employee of a retail store in Texas was caught helping a co-worker steal merchandise. The employee confessed and the employer stated that it would not seek criminal charges, but that the employee would be receiving a monetary civil demand. How does that work?

States have passed civil demand laws that allow a merchant to make a demand for compensation from certain people who are caught stealing, independent of any criminal prosecution, to help cover the cost of theft, as well as anti-theft and loss prevention measures. The laws normally allow for the recovery of the value of any merchandise that could not be resold, along with an additional amount toward the employer's expenses. If the amount isn't paid, the merchant has the option of filing a lawsuit and the laws typically allow for attorney fees to be added to the judgment. The Texas statute defines the amount that a merchant may potentially be recovered in court if a demand is not paid, in order to settle the claim without litigation:

Quote:

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Quoting Texas Theft Liability Act, Sec. 134.005. Recovery.

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(a) In a suit under this chapter, a person who has sustained damages resulting from theft may recover:

(1) under Section 134.003(a), from a person who commits theft, the amount of actual damages found by the trier of fact and, in addition to actual damages, damages awarded by the trier of fact in a sum not to exceed $1,000; or

(2) from a parent or other person who has the duty of control and reasonable discipline of a child, for an action brought under Section 134.003(b), the amount of actual damages found by the trier of fact, not to exceed $5,000.

(b) Each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney's fees.

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