Can US Employers Recover Damages from Former Employees for ‘Time Theft’?

Wednesday, February 1, 2023

David Barron was quoted in SHRM discussing what employers can do when an employee is accused of time theft. David said that even in the United States, employers could seek repayment from a former employee for time theft. He said various legal theories would be available, including conversion, fraud, and in some states, civil theft statutes. "Depending on the facts, an employer could also file a criminal complaint for theft," he said. "Each case is different, and employers should consider whether simply terminating the employee is adequate, or if spending the time and money to pursue additional relief makes good business sense. Typically, the greater the amount of theft, the more likely an employer would consider taking legal action beyond termination."

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