Employee Theft Lawyers

If you’re being investigated for or formally charged with stealing from your employer, don’t make the mistake of navigating the criminal justice system alone.

Call (604) 669-6699 (available 24/7) or email info@penderlitigation.com to chat with an experienced lawyer ASAP.

Accusations of employee theft (or embezzlement) can lead to significant jail time, fines, restitution, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But employee theft cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.

Our first consultation is privileged and confidential, with no obligation on you.

When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.

Employee theft cases can be won.

When you retain Pender Litigation, you’ll move forward with an experienced embezzlement lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting employee theft cases.

 

Request a Free Consultation

What is Employee Theft?

Employee theft, also called embezzlement, is an aggravated form of theft that occurs when you misappropriate funds or property belonging to your employer. Theft is a non-violent property offence that covers any taking or converting of another person or entity’s property without their consent. Classified according to the value of the subject of the offence, theft under $5,000 is distinguished from that over $5,000. You may also face fraud charges if deception is used in the commission of the offence.

Penalties for embezzlement depend on the value of the subject of the offence, your criminal history and personal circumstances, and the level of trust breached. Stealing from an employer and other breaches of trust are considered aggravating factors on sentencing and generally result in harsher sentences.

Employee Theft in the Criminal Code of Canada

Employee theft is an aggravated form of theft. Regarding theft, section 322 of the Criminal Code states that every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

  1. to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
  2. to pledge it or deposit it as security;
  3. to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
  4. to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Section 334 of the Criminal Code states that except where otherwise provided by law, every one who commits theft

  1. if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
    1. an indictable offence and liable to imprisonment for a term of not more than 10 years, or
    2. an offence punishable on summary conviction; or
  2. if the value of what is stolen is not more than $5,000, is guilty
    1. of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
    2. of an offence punishable on summary conviction.