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By LegalMatters Staff • Employee theft is difficult to detect since it can take many forms. Those include stealing items without paying for them; pocketing cash, gift cards, coupons or promotional items; taking and returning items for cash refunds; or inaccurately recording financial statements.
“Unlike shoplifting, where the accused is caught and charged while leaving the store, it often takes months or even sometimes years to uncover employee theft,” says Calgary criminal lawyer Vince Semenuk. “It may go unnoticed or be attributed to shoplifting or record-keeping errors.”
He says the most common charges laid are theft, fraud or possession of stolen property.
“If you have been charged in relation to an alleged theft from an employer, you need legal advice because the penalties can be harsh,” says Semenuk. “You will likely be fired and you could face financial penalties and incarceration.”
He says the potential penalty for employee theft depends on the charge and the amount that was stolen.
“If the theft is under $5,000, the maximum penalty is two years in jail if the Crown proceeds by way of summary conviction,” he says. “But for frauds over $5,000, the maximum penalty is 14 years in prison if you are charged with an indictable offence.”
Organized retail theft is also on the rise in Alberta, with a news article noting that “organized retail crime has become a multi-million dollar industry in Calgary with a huge impact on consumers and local business owners.”
“Organized retail crime is when two or more people conspire to commit a retail crime where they are stealing large volumes of product with the intent to resell it illegally,” says Semenuk. “That is done by putting the items for sale online or directly selling them to consumers through flea markets or from the back of cars.”
