
Quoting
Taxing Matters
A criminal charge doesn't do anything for you. If the guard is convicted of a crime as a result of breaking the window, then that of course helps you in the lawsuit against the guard and the guard's employer, the though the employer may try to argue it is not responsible for it because committing a crime is outside the scope of the guard's employment. But in any event, you still need to sue to get reimbursed if the store (or security firm that employs the guard, if the store is not the employer) won't pay when you make a written request. All the conviction does is make proving parts of your case easier. It won't eliminate the need for the lawsuit unless, of course, the guard is ordered to make restitution in the criminal case and the guard does, in fact, pay it.