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  1. #1
    Join Date
    Feb 2018
    Posts
    2

    Default Can You be Criminally Charged for Time Theft at Work

    My question involves labor and employment law for the state of: New York

    So, a friend of mind works for a privately owned business. I will only disclose the field of which said business is if necessary. They have been clocking in and leaving, on days scheduled, and on days not scheduled. Essentially stealing money, or getting paid to do nothing, whatever you wish to call it. This business is on the verge of falling apart, is short staffed, & may not have time to look into this issue. However, I'm looking to do more research for their sake.

    I'd like to prove to them that they can get into trouble for time theft. Now, I know that time theft laws vary depending upon the state, hence why I'm here... During my research it's been unclear as to what NYS laws are on this topic, all I could find are time theft laws for government agencies(which this is not). Again, privately owned business.

    So, I'd say my friend has gotten paid 750-1000$ for work that they have not done(in other words, clocked in and leaving) what could get done to my friend? Keep in mind that this business is already lacking time, employees, and funds. Can he be sued, prosecuted, etc?... and if so what is the likelihood of that given the current circumstances? Thank you!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Nys Time Theft

    It is pretty much certain that your friend would be fired. It is likely, although it is not absolutely certain, that they would be denied unemployment. And despite what many people on the internet would have you believe, it would be 100% legal for his current employer to tell any prospective employer exactly why he was fired.

    It is unlikely that he will be criminally prosecuted. My husband looked into this at one time when he found that an employee had stolen about $1500 from him, and he decided it wasn't worth the trouble. He agreed not to prosecute and to provide a neutral reference (in an industry where references are very, very important - a neutral reference in his industry is almost the same as saying "don't hire him") on the condition that the employee made restitution. However, unlikely is not impossible. He COULD be prosecuted. He COULD be sued. It just isn't overly likely.

    But firing, no unemployment, and a bad reference? Oh, yes. Those are all most definitely on the table.

  3. #3
    Join Date
    Feb 2018
    Posts
    2

    Default Re: Nys Time Theft

    Thank you very much, it's much appreciated! That makes complete sense. At the end of the day, I think they'd end up spending more money on a lawyer for criminal prosecution, than they would if they just left it alone and fired my friend. However... With this new information I hope this scares them into not doing it anymore.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Nys Time Theft

    Quote Quoting cmxenon
    View Post
    At the end of the day, I think they'd end up spending more money on a lawyer for criminal prosecution, than they would if they just left it alone and fired my friend.
    It's not going to work like that. If the DA prosecutes, the employer would be the witness. A witness would not need a lawyer. The defendant would need a lawyer. The employer would just need to do what all witnesses need to do, take time off from work and their daily life to spend countless hours, and in some cases, days in a courtroom. Most employers tend not to want to sit around not making money all day.

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