Can an employer file theft charges againstan employeewithout direct evidence?

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Can an employer file theft charges againstan employeewithout direct evidence?

I managed a store for a big company. I was not doing good job at managing the inventory then found out that a large amount of inventory was missing. I admitted that I did not do what I should have done. I also told the company that I was not able to catch the thief because I could not tell who was doing the bad deeds. Now they threaten to file a theft charge on me. I did not steal from them; I was just doing a bad job. Can they file charge even they do not have concrete evidence that I was stealing.

Asked on July 21, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It's  not 100% up to them whether charges will brought against you; in a criminal case, the state (the authorities) are the party that bring charges, not the alleged or asserted victim. If the employer believes that you did steal, they can report the theft to the police; the police, if they think there may be something there, may investigate; if the authorities then believe that there may have been theft, at that point, you may be charged.

There are many ways to prove theft without direct evidence. For example: say that they can prove that you were the only person who accessed a storeroom, based on some combination of witness testimony, security camera footage, work records or time sheets, etc. If you were the only one who could have stolen things, and things are missing, that could be enough to convict you.


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