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Legal consequences of employee theft
Legal consequences of employee theft
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Do you want to stop paying for unnecessary expenses, lost assets, and time lost for employees? Seventy five percent of all employees steal at least once, and half of those steal repeatedly, according to an estimate by the U.S. Chamber of Commerce (2012). Another study done by Kessler & Associates (1999) reported that 79% of workers admit that they have considered or would consider stealing from their employers!
The main point of this paper is to touch on the employee theft problem and understand what causes it, how to differentiate its different types, and how to solve it and prevent it from happening.
Employee theft is clearly an ethical issue that companies are facing. The financial consequences of this problem have no limits in terms of
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A clear and specific position has to be held in regards to this problem. Bending rules, cutting corners and breaking policy are clear examples of how the management can contribute to creating an environment for employees’ theft actions.
• Theft and fraud categories
Employees have different ways to steal from a company. Whenever we hear the phrase “employee theft”, the first thought that comes to our mind is an employee stealing money from the cash register. While this happens often, there are many other ways to steal from the company. The National Federation of Independent Business (NFIB) reported that the most common types of employee theft are:
1- Larceny: Defined as the unlawful taking of personal property with intent to deprive the rightful owner of it permanently. It involves an employee stealing cash or property from the employer.
2- Skimming: Refers to the removal of cash from an organization before it has been recorded and is therefore referred to as an “off-the-books” crime.
3- Fraudulent disbursements: A form of theft that describes employees using the company’s own systems in an illegal way to benefit themselves. It can be broken into 4 types: check tampering, billing schemes, payroll schemes and expense reimbursement
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It is wise to do so for any candidate before hiring him or her. A candidate with a habit of stealing or who has stolen at least once would have more of a tendency to steal again. Contacting and checking the candidate’s references and former employer could help a great deal in determining a candidate’s past and future behavior.
- Tip line
Terrence Shulman, founder of The Shulman Center for Compulsive Theft, Spending & Hoarding, stated that “If people know that their fellow co-workers are watching out for theft, they will think twice before stealing because there are higher odds they will be caught.” Have a way for employees to report suspicious behavior and report thefts. Considering everyone is watching everyone would extremely stop employees of stealing.
- Audit
The Association of Certified Fraud Examiners recommend businesses to conduct a routine 6-12 month audit for violations. Employers have to do this, especially in high risk areas of their business and that may include cash, payroll and computer usage audit. By doing so, employees will know they are going to be accounted and audited, which will prevent them from planning to steal. This can act as a prevention not only a detection
This seems to be a very pessimistic technique on the outside, but as I said before, any person can be a thief; an old lady, a religious man, or a student. Controlling from the inside, for example limiting cash, mandating dual signatures on business checks or accepting invoices reduce the opportunity for fraud to happen drastically. 7 Bigger enterprises have delicate areas such as “information security areas; video surveillance of sensitive areas, key control, clear employment policies, etcetera serve to limit temptation; the possibilities are limited only by the imagination and budget” (Larson, 1985).
I believe that asset misappropriation by accounts payable fraud is occurring at Wayland Manufacturing Company due to a lack of proper internal controls. Making the company’s Chief Accountant responsible for additional day-to-day functions provides him with opportunity to commit by creating fictitious vendors with his information and then creating fictitious invoices. Newbaker can then conceal his fraud by approving the invoices for payment. Employees working at an organization for more than five years are more likely to commit fraud. Therefore, Newbaker’s six-year history with the company has made him trustworthy and very knowledgeable, which could indicate involvement in asset misappropriation. The high employee turnover could represent a past fraudster leaving before getting caught or employees refusing to continue with the asset misappropriation. In addition, the varying monthly accounts payable transactions ranging from the lowest being April 2014 and
Financial statement fraud makes up a marginal (less than 10%) percentage of occupational fraud cases, but the median loss is significantly higher at $975,000. A fraud scheme occurring over a significant amount of time will likely result in much higher median losses. For example, a fraud scheme lasting more than five years could result in median losses of $850,000. Larger companies are more likely able to implement strong anti-fraud controls due to size and finances, therefore, smaller companies become more susceptible to fraud schemes due to lack of proper preventive controls. Preventive controls include: implementing internal controls, continually updating the company’s Code of Conduct, rotating jobs/duties, and
Most companies are just out there to make money and not care for the welfare of their employees. It may be difficult to see this as business has always been portrayed as a stimulator of the economy and always on the lookout for its employees. However, this is only because the companies that abide by such practices are given as examples and not the ones that do poorly. We oftentimes complain about the little petty things in life when we should be worried about the people who are suffering in our world. The saying always goes; you never know what you have till it’s gone. Unfortunately, this saying corresponds particularly well this
As a country, we support the terms “freedom”, “equality”, and “rights”. However, we need to focus on the working citizens of the United States and ensure equal rights for everyone. The wage theft website indicates that wage theft is not stereotypical, and the issue is not primarily in specific work fields. No worker can particularly avoid wage theft, whether it’s good wages or great benefits. Wage theft is more likely to occur in non-union workplaces.
Abstract There are some companies that believe employees are simply just that employees, no matter what their titles may be they are mere employees. These companies require their employees to take of the business and do work that they are paid for regardless of what it takes to get it done. In some cases though if companies do not word work contracts properly it could cost the company a lot of money. This is something Family Dollar Stores found out when their store managers filed a lawsuit against them and won. What may have been clear to the company was not to its’ employees, the store managers so they filed a lawsuit against the company to get paid overtime money they felt they had earned.
When employee steal or misrepresent information to or from their employers it is labeled as a white-collar crime. White collar crimes go back as far the 15th century England. First ever document white collar crime was embezzlement in 1473 transport employee attempted to steal some of their cargo for himself. The industrial revolution was occurring, so was the type of crime that was spreading like a wildflower. Back then under the current law, corporation could have monopolized many products to sell as high was they want. It was not until congress passed an act to prevent monopolization with the Sherman Antitrust act of 1890. The definition was developed by sociologist Edwin Sutherland in 1939 “a crime committed by a person of respectability and high social status during his occupation.”
This includes but is not limited to; check forgery, inventory theft, cash or check theft, payroll fraud or service theft. Another example of misappropriation of assets is when a company pays for goods or services that were not received or used. Embezzlement is a very common form of misappropriation where companies manipulate their accounts or create false invoices. An example of misappropriation of assets was discovered in 2008 and the victim organization was Fry’s Electronics. The Vice President of Merchandising and Operations, Ausaf Umar Siddiqui had set up a fake company that received illegal kickbacks. Siddiqui embezzled $65.6 million to pay off his gambling debts. Embezzlement of money from a company can understate cash and show a false picture to the creditors and investors. This can lead them to make decisions on misrepresented information. Another example of misappropriation of assets was of a hedge-fund manager, Philip A. Falcone who borrowed $113.2 million from investors from a hedge fund company (Harbinger Capital) and he used that money fraudulently to pay off his personal taxes. Instead of using the investor’s money for the intended purpose, which was to build a wireless phone network, he deceived them by using the money without their knowledge to pay off his taxes. The company had to file for bankruptcy as it had $23 billion in losses and withdrawals and it could not pay back
employee theft and fraud. Fraud and theft have a lot in common. Both are criminal acts, and both
Workplace deviance is a voluntary unethical behavior that disobeys organizational norms about wrong and right, and in doing so, threatens the wellbeing of the organization, and/or its members(Robinson and Bennett 555-572). According to Robinson and Bennett, “workplace deviances behavior varies along two dimensions: minor versus serious, and interpersonal (deviant behavior directed at other individuals in the organization) versus organizational (deviant behavior directed at the organization)” (555-572). Based on these dimensions it was further divided, into four categories: production deviance (leaving early, wasting resources etc.), property deviance (stealing ,destroying equipment etc.), political deviance (gossiping, favoritism etc.), and personal aggression (verbal abuse ,sexual harassment etc.) (Robinson and Bennett 555-572).According to Robinson and Bennett,workplace deviant behaviors cost U.S. companies approximately between $6 billion and $200 billion annually(555-572). In addition turnover, absences, and illness, and results in poor or lowered productivity, low morale, and litigation ., workplace deviances leads to misuse and loss of time, waste of resources, increases employee(Robinson and Bennett 555-572) .
In an effort to discuss meaningfully, the root or underlining reason for employee heft must be understood. Why do employees choose to steal from their employers; what is the motivation behind the act of stealing? There are many reasons why employee theft occurs. The simplest and most probable motive is opportunity. This perspective can be described as the “just because I could” way of thinking. Employees, or anybody for that matter, do not always necessarily have a valid or concrete reason to steal. The mere fact that employees sees the opportunity to steal and to do so with minimal chances of being caught is enough to entice them into the committing the act.
Wage theft is an infraction by employers over workers, being unethical compared with stealing and lately is increasing correlated with unemployment. Ethical theories such as Utilitarianism, Kantian ethics and Social Contract argue this dishonest act taking place in well-known businesses like McDonalds and Chipotle. Wage theft is the misdemeanor of not paying workers for their applied skills in the workplace, especially when working for extra money like overtime. It can also be the fault of paying less of the minimum wage or not paying them the agreed salary. However, most employees are compensated with back pays and companies receive penalties that they have to pay in case they commit wage theft.
ABSTRACT: The quantity of accounting fraud cases keeps on rising. Fraud is a consistent thing that will reliably be around, and in a bigger number of routes than just a single. An extensive apportionment of organizations out there fighting fraud, either from within the organization, or from outside the organization. Knowing how to manage this is essential for an organization to be productive over an extended period of time. The investigation regarding the matter of accounting fraud will utilize sources from the web and the DeVry School Library.
When you see that you have a crooked employee, you need to terminate them immediately. It is crucial that we also make public awarness to this crime, whether its a small level or large offense. Some other ideas are creating a fraud awareness program for the company, and hiring a company forensic accountant to independently look at all accounts to determine if their are
The following memorandum written by a director of a security and safety consulting service discusses a critical issue effecting business in our economy today, that of employee theft. "Our research indicated that, over past six years, no incident of employee theft have been reported within ten of the companies that have been our clients. In analyzing the security practices of these ten companies, we have further learned that each of them requires its employees to wear photo identification badges while at work. In the future, we should recommend the uses of such identification badges to all of our clients." The issue of employee theft is a broad problem and has different labels to identify it, shrinkage for the retail industry and hidden profit loss in the technology sector are serval examples of common terms used for employee theft. The author of this memorandum presents several data points and suggests one recommendation to effect the issue of employee theft based on a sampling of the client population.