Employee theft, masking as a shoplifter is a growing concern for employers. Some prosecutors treat employee theft more harshly than a store patron who steals. The reason being that the employer placed the employee is a position of trust and that trust was broken and should be punished more severely than a shoplifter. Other prosecutors believe the employee has knowledge of how to defeat the employer’s loss prevention and control and take advantage of that knowledge. Whichever the case, employee theft or shoplifting is a crime, and depending on the amount of the theft could rise to felony charges.
Interestingly enough, Minnesota does not have a specific crime of “employee theft”. Like shoplifting, employee theft or employee shoplifting is simply theft. Sometimes it is described as theft by swindle. Whatever the description it is crime, the elements being the intent to permanently deprive another of property without the right to do so.
Like all theft charges employee shoplifting or theft carries the legal and reputational stigma associated with a typical shoplifter with all the collateral consequences, too. Employers, professional licensing boards, the State and others who may perform a background check will find the find the offense and may use it to deny employment, licensure, certification, housing, or credit.
If you have been charged with employee shoplifting or theft you need an attorney with extensive courtroom and legal experience on your side. Even though you may believe you are guilty, Minnesota law does allow for the possibility of keeping this offense off your criminal record. Call Martin Azarian at 612-343-9000 or 952-975-0663 for a free initial telephone consultation to discuss your case, your rights and your legal options.
