Ways to catch an employee stealing: tips for employers

Major thefts at work occur infrequently, but minor thefts occur regularly. Metal, tools, and spare parts are especially often stolen. In this case, the employer has the right to recover damages from the employee in full.

However, it is not uncommon for citizens to be wrongfully accused of theft. The company may not conduct an internal investigation, but simply assign someone to blame. This is a serious charge and in some cases may result in criminal liability. Therefore, it is necessary to know what to do if you are accused of theft. Our specialists are ready to help an employer bring a thief to justice, and a citizen to prove his innocence in case of wrongful accusations.

What to do if theft is detected among employees?

Current legislation establishes three types of liability for theft at work:

• disciplinary;
• administrative;
• criminal

Note!

If the employer discovers theft, he needs to conduct an internal investigation to identify the culprit. What happened is recorded on paper, for this purpose an official note is drawn up.

The document indicates the type of property stolen, who discovered the theft, when it happened, etc. Next, an inventory of property is carried out in order to prove the fact of loss of corporate property. The next stage is contacting law enforcement agencies and legal proceedings.

If the employer’s intentions are limited only to disciplinary liability, there is no need to contact law enforcement agencies, but to request an explanatory note from the employee. He is obliged to provide it within two days. The document indicates the type of property stolen, how the theft occurred, and what motivated the employee. The employer has the right to dismiss the employee or take other disciplinary measures against him. For this purpose, a corresponding order is issued in form T-8.

Theft accusation without evidence

I live in the closed city of Novouralsk, Sverdlovsk region. On December 1, he began working at the Ooojin microloan center, whose scope of activity is issuing small cash loans secured by property. In addition to me, the employees of this organization are two more people: the owner of the organization, a good friend of mine until recently, and a girl manager, a former police officer. On February 16, I was supposed to visit one of the debtors, the time and address were discussed in the office. But instead of the 21.00 I announced, I left the house at the beginning of eight and at about 20.50 I returned home, where my wife and 4-month-old child were waiting for me. At 21.35 my boss’s wife called my wife, she and she are friends, and asked where I was and if I had gone anywhere. Later, the boss himself arrived and said that someone was in the office, opened the door with his key (and all employees have keys), took a work card on which funds are stored for large loans, withdrew the entire amount through an ATM and returned it to the place. No signs of forced entry, no fingerprints. In a buiding. Where the office is located, video recording is being conducted, based on it, they began to accuse me of theft. The next day, under the pretext of giving evidence, I was kept all day at the local police station. They chased me from office to office, brought various charges, did not show the video, and threatened me with imprisonment. When I asked to determine my status, I was told that I was a witness. To all my requests to show me a video. Received a refusal. My testimony and statements that at the time of the theft I was at home and my wife could confirm this, I was told that my wife was not a witness at all. They threatened me with a polygraph and a search, I willingly agreed to both, arguing that such events would benefit me. The staff didn't do anything. They released me only after my wife arrived herself along with our infant son. She was interrogated. They showed the video, she said that it wasn’t me in it. gait, clothes, unshaven face. I have a criminal record dating back to 2012 under Article 260. Ukrf. The term is conditional. Long since repaid. Naturally, this is not the part of the autobiography that should be told left and right. Photos from the ATM will not be ready until the end of this week. The detectives told my employer about my criminal record and about my similarity, but there was little evidence. By the way, they didn’t ask for an explanation from the second office employee, they just said: she’s a former employee, she can write it herself and bring it to the department. On Wednesday, my boss, until the photos from the ATM were ready, asked me to stay at home. And on Thursday, under the pretext of talking, he kidnapped me in his car, accompanied by two other men I didn’t know. They took me to the garages, beat me, threatened to get to my child, shoot me in the legs, recorded a video confession in which I promise to give 80,000 tr (the amount missing from the card) no later than 19.00 and said that if I go anywhere for help. They will set more serious people against me. I have no way to get that amount of money in such a short time. He gathered his family and left for Yekaterinburg. There I contacted the Organized Crime Control Department employees. The operation was organized in the shortest possible time. The transfer of money was postponed to the next morning. the boss was caught at the moment of handing over the money and taken to the local police station. Naturally, when local employees saw me and the OBOP employees, they were very surprised and became kind. It turned out that the head of the Novouralsk Ugro department himself, on the eve of the abduction, spoke with my boss personally and said. So that you don't want to touch me. I don’t know anything about those two of his counterfeiters. My boss should be released on bail. So it turns out that I didn’t steal this money, but they won’t even let me prove it. They don't listen. The city is very small and closed. Blat and brother are everywhere. Everything I said during interrogations was conveyed to my boss. They also told me about my criminal record. The search was carried out without documents. It turns out it's just bullying me. Now we live in fear. My wife is afraid to go outside. We live and wait for photos from the ATM, and really hope that they will put everything in its place. But the fear remains that even if it’s not me, they will still blame me. Certainly. It is very difficult to put all the details in a letter.

How to eliminate theft among employees?

If you notice a shortage at your enterprise or catch an employee stealing, you must take all possible measures to prevent the situation from reoccurring. You can do this in several ways:

• install a video surveillance system.

Legislation allows the installation of both open and hidden video cameras. An ignorant employee will quickly be caught, and the rest will not dare to steal anything;

• organize control of the work process.

This may include not only the video surveillance systems described above, but also time and attendance systems, programs for monitoring the user’s computer, access control systems (ACS);

• Conduct regular accounting of goods and property.

An effective system will allow you to immediately identify shortages and take appropriate measures. A prompt reaction will help you quickly catch the thief;

• create your own security service.

If you have a sufficient budget, we recommend creating such a structure. This will help significantly reduce the risk of theft;

• enter into a non-disclosure agreement.

In addition to a simplified procedure for holding negligent employees accountable, such an agreement will help create a certain psychological barrier that will not allow them to tell corporate secrets;

• work on corporate culture and motivation.

With a well-organized work process, cases of theft or disclosure of corporate information are rare. The corporate culture should be such that employees do not even think about disclosing or stealing;

• protect corporate databases.

We recommend limiting access to the most important enterprise databases to avoid leaks. They should be used by a limited number of people. If access to the database is given to an ordinary employee, you need to change the passwords.

Note!

Another important method is practiced when hiring new employees. There are special “black lists” in which citizens with a negative reputation are included. Therefore, be sure to check whether the hired employee is listed in any of these databases. If he is caught stealing or disclosing corporate information, it is better to refuse his services.

If a shortage is suddenly discovered, or a signal appears about a planned or completed theft, you must respond immediately. For this purpose, an internal investigation is being conducted. Suddenness can force the attacker to independently admit what he has done or cause suspicious changes in his behavior.

The most effective method of preventing theft at an enterprise is to work with staff and provide opportunities to increase personal income. If a worker earns enough, he does not need to steal. Therefore, an adequate salary level and a competent reward system can work better than any alarm.

Emotions and behavior after theft

First, let's talk about what emotions are inherent in a thief and how to recognize him by his behavior.

• Suppressed aggressiveness. Adults are well aware that they are harming others, but they enjoy it. Probably, a person could not protect himself even in childhood, accumulated anger towards those around him, but even in adult life he was not able to fully realize himself, often becoming an energy vampire. Think about which of your colleagues falls into this category of thieves. Maybe there is a person who wanted to annoy you specifically: out of envy, jealousy, old grievances?
  

  IMPORTANT! By depriving you of money or other items, the thief asserts himself and his self-esteem increases for a while.

• People do not always steal out of poverty and need. You will be surprised, but thefts are often committed by quite prosperous citizens with good jobs and stable incomes. They are driven by a thirst for hoarding, greed, and fear of missing out on any valuable thing. This is a rather complex psychological phenomenon. Psychologists believe that this is how our natural instincts, hidden deep in the subconscious, manifest themselves. When the concept of private property did not yet exist, people sought to replenish their supplies in order to survive. But, of course, such an explanation does not justify the thief.

Now - about your feelings. What if you were robbed? You will likely feel depressed and confused.

• Any theft is an invasion of personal space. This is why victims receive severe emotional trauma, even if the amount stolen turned out to be ridiculous. A child has difficulty parting with his favorite toy: an adult experiences approximately the same thing.
  

  BY THE WAY! Money and things are memories, touches, work. Of course, you are upset to lose all this.

• You may feel confused because you have lost control of the situation. The feeling of helplessness is a serious stress, and the more significant the theft, the harder it is to survive. Some people are forced to turn to a specialist for psychological support. Some experts even compare theft to rape - in the sense that a person is forced to rebuild his “integrity.”
• Get rid of obsessive thoughts like “I could have prevented this if I had been more careful.” There are certain circumstances that are practically beyond our control. Try to accept this fact calmly and focus on other problems: for example, finding a thief in a team.

Responsibility of an employee for committing theft at work

If minor theft is detected, the employer has the right to limit himself to disciplinary liability. To do this, you need an explanatory note from the employee admitting his guilt. The most common practice is reprimands (including severe ones), as well as monetary fines. Employees are also required to compensate for the cost of stolen corporate property. Dismissal is also possible.

There are no separate articles of the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation for theft at work. Responsibility for these offenses comes under Art. 7.27 Code of Administrative Offenses and under Art. 158 of the Criminal Code of the Russian Federation.

Administrative liability occurs if the total value of the stolen property does not exceed 2,500 rubles. Art. 7.27 of the Code of Administrative Offenses provides for the following types of punishment:

• an administrative fine in the amount of five times the stolen property, not less than 3,000 rubles;
• compulsory work for up to 120 hours;
• administrative arrest for up to 15 days.

As for criminal liability, it occurs if the value of the stolen property exceeds 2,500 rubles or in the presence of aggravating circumstances. The minimum punishment is provided for in Part 1 of Art. 158. The court may order:

• an administrative fine, the amount of which can reach 80,000 rubles or the earnings of the perpetrator for a period of up to six months;
• compulsory work up to 360 hours;
• correctional labor for up to 1 year;
• forced labor for up to 2 years;
• restriction of freedom up to 1 year;
• imprisonment for up to 2 years.

Often in criminal cases of theft, the perpetrators manage to get off with a suspended sentence.

Punishment for unfounded accusation of theft or embezzlement

If the victim contacts the police, but there is no evidence of theft and no basis for charges, a refusal to open a criminal case will follow.

Depending on whether the accusation was knowingly false or erroneous, the victim or other person may be held liable:

1. According to criminal law, for the dissemination of knowingly false information discrediting the accused (Criminal Code of the Russian Federation, Article 129.1), punishment is provided in the form of a fine from 500 thousand rubles to 5 million rubles. or compulsory work for a period of 160 to 480 hours.
2. According to criminal law, knowingly false denunciation of a crime (Article 306 of the Criminal Code of the Russian Federation) is punishable more harshly and in some situations provides for imprisonment for up to 2 years.
3. According to civil law, protection of honor, dignity or business reputation is the right according to the law of every citizen of the Russian Federation (Civil Code of the Russian Federation, Art. 152). You can demand a refutation, as well as damages (for example, costs of hiring a lawyer) and compensation for moral damages.

What to do if you are accused of stealing money at work?

It is not uncommon for an employer to accuse an employee of wrongfully stealing money or property. This can happen either due to a mistake, or because of a desire to find someone else, or because of personal hostility. If the employee does not admit guilt, the employer must provide compelling evidence that this person committed the crime. If they are not there, the presumption of innocence is valid. They have no right to apply any disciplinary sanctions to a citizen.

Procedure if accused of theft

If you are accused of theft, the first thing you need to do is calm down and pull yourself together. If you are innocent, there is nothing to fear. In this case, you need to act as follows:

• disagree with the accusations;
• provide your employer with a written report of what you did throughout the day;
• if the employer contacts the police and accuses you of stealing money that was given to you for any purchases or payments, provide a document stating that the funds were spent for their intended purpose (check, receipt, receipt of the recipient, etc.);
• if there is no document, provide law enforcement officers with testimony from witnesses who can tell you what you did on a specific day and confirm that the money was spent for its intended purpose;
• take a polygraph (lie detector) test, but you are not required to do this and have the right to refuse.

Note!

If your employer falsely accuses you of theft and contacts law enforcement, you have the right to file a counterclaim. In Russia, liability is provided for libel (Article 129 of the Criminal Code of the Russian Federation), as well as for knowingly false denunciation (Article 306 of the Criminal Code of the Russian Federation). You can use any of the specified standards.

How to identify and catch a thief?

Catching a thief in a group is not at all easy. Such people already know the habits of company employees, which means it’s easier for them to steal something unnoticed without giving themselves away.

1. Have you lost money or valuables? Ask employees if they have encountered the same problem : if so, ask for clarification of details, describe a specific place and time. The hunt should begin by collecting information. Of course, ideally you need to contact the police, but practice shows that independent attempts to find the criminal are even more successful and quickly produce results.
2. There is a special powder that police use. When it comes into contact with the skin, it colors it and does not wash off from the skin for a long time. Try putting this substance in your wallet or bag and spy on your colleagues.
   

   BY THE WAY! This method is especially effective if you work in a store.

3. If the thefts involve any personal boxes, you can chip in with your employees and install an alarm that will notify you of an illegal intrusion. There are systems that spray paint on the thief.
4. The most obvious way is to install a hidden camera and monitor what is happening in the room from afar. The main thing is that the image is of high quality. Also try to choose a good angle so that the thief’s face can be clearly seen.
5. Make a bait. Agree with your colleagues - they will help you identify the thief. Leave your valuables in a certain place and see who you know turns out to be the thief. It is advisable to catch a person red-handed by installing a camera in an inconspicuous place in advance.

I suggest watching a useful video. It provides an exercise that will allow you to find a thief at work:

Can you be jailed for theft at work?

Responsibility for theft at work may arise under Art. 158 of the Criminal Code of the Russian Federation or under other articles involving crimes against property. It doesn’t matter whether a person committed theft at work, in transport, or at a neighbor’s house, this can be classified as a criminal offense.

Only law enforcement agencies can initiate a case based on a statement from the employer. Only a court can impose criminal liability. To do this, you need strong evidence that the theft was committed in an amount of more than 2,500 rubles and, possibly, aggravating circumstances were present. Let us consider in more detail the terms of imprisonment provided for in various parts of Art. 158 of the Criminal Code of the Russian Federation.

• Part 1 Art. 158 of the Criminal Code of the Russian Federation, theft without aggravating circumstances. The maximum term of imprisonment is 2 years;
• Part 2 Art. 158 of the Criminal Code of the Russian Federation, theft by a group by prior conspiracy, with penetration into non-residential premises, with significant damage to the victim, from things that were with the victim. The maximum term of imprisonment is 5 years;
• Part 3 Art. 158 of the Criminal Code of the Russian Federation, theft on a large scale, with penetration into a residential premises, from oil pipelines, gas pipelines, and other pipelines. The maximum term of imprisonment is 6 years;
• Part 4 Art. 158 of the Criminal Code of the Russian Federation, theft on an especially large scale or committed by a group of persons. The maximum term of imprisonment is 10 years.

Also, these sanctions may be supplemented by fines or restriction of freedom after the completion of the sentence in a colony.

conclusions

Corporate theft is a very common occurrence. They can steal anything, but more often they are limited to petty thefts. The employer may bring the perpetrator to disciplinary action or file a complaint with law enforcement agencies to impose an administrative or criminal sanction.

If the employee is innocent, he needs to defend his position. Explanations should be given about where he was all day and what he was doing. If a sum of money was handed out, you need to confirm the fact of its spending or return with documents or with the help of witnesses. The employee can also file a counterclaim for false denunciation (Article 306 of the Criminal Code of the Russian Federation) or slander (Article 129 of the Criminal Code of the Russian Federation).

If you need help with workplace theft cases, our experts are ready to provide it. Lawyers will help the employer conduct an internal investigation, document disciplinary action or dismissal, and also contact law enforcement agencies. We will help an innocent employee defend his case by preparing evidence and justifying his position in court.

How to prevent theft?

1. Select honest employees. There are usually very few of them in the team, but they exist. Ask them to talk about the nuances of working in a team that are not available to you (especially if you are a manager). This will help you more clearly see the psychological portraits of your colleagues and the work environment.
2. Collect information bit by bit. This is one case where informants can be useful. Let them report the slightest suspicions and strange coincidences that will help identify the thief in the team.
   

   ADVICE! Do not rush to make hasty decisions and pass judgment: people can make mistakes, so carefully compare the facts and draw your own conclusions.

3. Place cameras at your workplace in advance. Normal practice in the interests of employees. In addition, such a measure will increase the safety of being in the office and will allow you to avoid conflicts with colleagues due to absurd suspicions.

We offer a funny video about the most brazen types of theft:

Unfortunately, theft in the workplace is not uncommon in our country. Employees steal from each other, steal goods, steal everything that is bad. Try to resist this sad trend and start with yourself - do not take what belongs to others, punish thieves who take advantage of the gullibility of their colleagues. Justice is on your side.