Legal Question in Business Law in California

Employee Theft

10 months ago, I purchased a small business and retained two employees from the previous owners. About a month ago, I caught my manager stealing and let her go. Since then, I have discovered that she had been stealing since I took over the office. My question is: what is the best way to get the money back that she embezzled from the business? My audit has uncovered roughly $4000-$5000 in damages. I have had no contact with her since she was terminated.


Asked on 3/31/05, 5:41 pm

4 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Employee Theft

Start by making a written demand supported by your audits and threaten to sue her personally if she refuses to pay after reviewing the audits. Next is to go to the district attorney and have her charged with grand theft.

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Answered on 3/31/05, 6:31 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Employee Theft

If criminal charges are brought, often a part of a plea bargain is restitution to the victim.

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Answered on 3/31/05, 6:43 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Employee Theft

You can sue her in small claims court, and report her to the District Attorney for filing criminal charges.

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Answered on 3/31/05, 7:12 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Employee Theft

If charged as a crime, it would probably be embezzlement, which is a category of theft under California law. If you were to sue in small claims court as a civil matter, you would probably want to allege the tort of conversion, which is the civil equivalent of theft.

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Answered on 4/01/05, 12:03 pm


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