Can an Employer File Another Theft Case After Terminating an Employee?

Yes, an employer can file another theft case against an employee even after the termination. This depends on whether the crime was committed and if there is enough evidence to pursue charges. Let's delve into the details.

Separating Terminations from Legal Cases

Terminating an employee and filing a legal case for theft are two separate actions. An employer may terminate an employee for theft, but this does not automatically prevent the employer from filing a police report or pursuing a legal case based on the same incident. The decision to file a legal case is based on evidence and is not contingent on the termination.

A common scenario is when an employee commits theft, and the employer chooses to terminate the employee rather than pursue legal action. This helps to keep the issue internal and avoids the broader public scrutiny that accompanies criminal charges. Criminal cases, however, become public records when they proceed beyond the initial investigation.

Understanding the Legal Process in the US

In the United States, theft charges are typically filed by the District Attorney (DA) after a thorough investigation by a police agency. The police agency might investigate a theft committed by an employee, and if they find evidence, they would refer it to the DA. Whether the employee has been terminated or not does not affect the DA's decision to file charges. The focus remains on the evidence and whether the crime was committed.

It is important to understand that the criminal incident is not mitigated by the fact that the employee was terminated. For instance, if someone punched a bartender in a bar, their leaving the premises does not negate the criminal act. The initial wrong-doing must be addressed by the appropriate legal authority. Therefore, continuing to commit or cover up a crime, even after termination, could lead to further legal consequences.

Employer’s Right to File Further Charges

A question often arises in this context: can an employer file a new theft case after firing the same employee over another theft charge? In my experience, the answer is yes. The employer can pursue new charges based on the discovery of a new offense. This could be done through internal dispute resolution procedures or by filing a complaint with the police.

In my legal practice, I have represented employees in termination grievances when the employer adds a new charge to the reasons for termination. The employer has the right to terminate the employee for a new offense uncovered after the initial termination. The union representative, in this case, is entitled to all relevant information and can influence the outcome of the grievance procedure. However, the employer retains the right to pursue new charges.

Conclusion

Termination and pursuing legal charges are distinct processes. An employer can file a new theft case against an employee, even after the termination, if the evidence supports such a charge. The goal is to ensure that justice is served and that no wrong-doing is overlooked due to employment status. Employees should be aware of their rights and the potential consequences of their actions, whether at work or elsewhere.

Keywords: employment termination, theft charges, criminal cases, grievance procedures, union representation