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  1. #1

    Default Employee Caught Stealing from the Store We Work at

    My question involves criminal law for the state of: New York

    My friend got arrested and charged at the store we work at Sunday. The boss wants to talk to me. I did not tell them that I know he has been stealing, I didn't want to be a part of it either so I never stole with him. Is there anyway they could legally charge me for not telling them I knew my friend was stealing?

  2. #2
    Join Date
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    Default Re: Friend Has Been Caught Stealing from the Store We Work at

    It is called accessory to a crime.

  3. #3

    Default Re: Friend Has Been Caught Stealing from the Store We Work at

    Even if I didn't have the intention to help him escape?

  4. #4
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    Default Re: Friend Has Been Caught Stealing from the Store We Work at

    Quote Quoting Disagreeable
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    It is called accessory to a crime.
    Of itself, it's not.
    Quote Quoting Taxing Matters
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    However, if you helped your friend in any way with respect to thefts, including taking steps to help him conceal the crime, you could face charges as an accessory to the crime.
    Correct.
    Quote Quoting Taxing Matters
    And, of course, your employer may fire you for knowing about the thefts but keeping silent....
    Or for not noticing what was going on in front of you. Or because the employer doesn't trust friends of a thief. Or... for any other reason not prohibited by law.
    Quote Quoting Brian_blackcat
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    Even if I didn't have the intention to help him escape?
    You mean, getting fired? It doesn't matter what your intentions were -- you can be fired.

    In terms of charges, as Taxing Matters said, it depends on what you did.

  5. #5
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    Oct 2014
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    Default Re: Friend Has Been Caught Stealing from the Store We Work at

    Quote Quoting Brian_blackcat
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    Even if I didn't have the intention to help him escape?
    This is an incomplete thought. Are you asking whether you could be charged with a crime even though you had no intention to help him, or asking if you can be fired?

    As to the former, it depends on exactly what you did. If all you did was know of the crime but failed to come forward to report it, that’s not a crime. But if you assisted him in some way, including active steps to conceal it (e.g. lying about your friend’s crime when asked about it, etc), then it might be a crime. The details matter a great deal here.

    As to the latter, then assuming your employer is a private company (i.e. not a government agency) then the employer may fire you for pretty much any reason or no reason at all, except for a few reasons prohibited by law. The prohibited reasons include firing you because:
    • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
    • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor; and
    • you took time off work to attend jury duty (in most states).


    The exact list of prohibited reasons will vary by state. But certainly an employer in every state may fire an employee for failing to report thefts from the employer that the employee knew about.

  6. #6
    Join Date
    Oct 2014
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    Default Re: Friend Has Been Caught Stealing from the Store We Work at

    Quote Quoting Brian_blackcat
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    My question involves criminal law for the state of: New York

    My friend got arrested and charged at the store we work at Sunday. The boss wants to talk to me. I did not tell them that I know he has been stealing, I didn't want to be a part of it either so I never stole with him. Is there anyway they could legally charge me for not telling them I knew my friend was stealing?
    It is not a crime to know about the theft but simply fail to report it to your employer or to the police. However, if you helped your friend in any way with respect to thefts, including taking steps to help him conceal the crime, you could face charges as an accessory to the crime. And, of course, your employer may fire you for knowing about the thefts but keeping silent, thus causing the employer to suffer even more loss than it would had you spoken up right away.

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