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What to Do When You're Accused of Criminal Wrongdoing at Work

Dmitri Iglitzin

Dmitri Iglitzin

Posted May. 15, 2008
Tagged: , ,

It sucks to get fired.   It's humiliating, and it's poverty-inducing.   It's just about the worst thing you can imagine happening to you at the workplace.  But it's not.

What's worse is this:  not only getting fired, but also getting arrested or charged with a crime.

What's the likelihood of that?   Not as low as you might think.   A recent report by four professors who specialize in nonprofit accounting put the amount of money that is embezzled from nonprofit organizations alone at 40 billion dollars in 2006.   The typical theft from a charity, according to this study, is committed by a female employee with no criminal record who earns less than $50,000 a year and has worked for the nonprofit at least three years. The typical amount stolen: less than $40,000.

Add to that all of the petty, or not-so-petty, theft that occurs at for-profit companies – according to one estimate, all organizations lose on average 6 percent of their revenue to fraud every year – and you have an awful lot of employees who wake up one morning – or are woken up – to the news that they have just been put on "unpaid administrative leave" (if not summarily fired) pending investigation of alleged fraud.   Oh, and by the way: the police have been contacted and will likely be calling you soon.

This is a very, very, lousy way to start a day.

Nor is there any surefire way of avoiding having this disaster happen to you.   Sure, it helps if you're not pilfering from petty cash or having your company or nonprofit write checks to fictitious organizations you've created for that purpose, and it helps if you don't have a drug or gambling problem that will tend to lead to those acts.  But lots of small companies and nonprofits have accounting and cash management control procedures that can best be described as … nonexistent.  Money comes in, money goes out.   Sometimes there's not as much money left in the bank as your boss or bosses think there should be.   The finger of suspicion can easily point to you, even if you did nothing wrong.

So what do you do when the pointing finger points at you?   Here are a few tips:

First, take a deep, deep breath.   You're about to embark upon some of what are likely to be the worst days of your life so far.   You're going to need to stay calm and thoughtful.   Don't panic.   Don't run around like a maniac.   Cool it.

Second, clam up.  The most human impulse in this situation is to try to explain your innocence, or at least your lack of truly culpable intent.   ("I wasn't trying to defraud the company; I just was borrowing the money and was going to give it back.")   This will not save your job, which is almost certainly gone anyway, and it may land you in prison.   If you're being accused of fraud or embezzlement, you're being accused of a crime, and if you're accused of a crime, you have to start thinking like a potential criminal defendant.   You've got "the right to remain silent."   Use it.

Third, get legal help.   In other posts, I've given people "self-help" advice regarding how to deal with an impending firing or layoff.   Some of that advice will apply in this situation, too, such as the advice not to resign, because resigning will simply give up what little bargaining leverage you might have.   But even in the worst scenario where you're simply being fired from your job for no good reason, being fired is pretty much the worst of it.   You will get another job.  You will put this behind you. 

When you've been accused of committing a crime against your employer, however, not only your future employability (who wants to hire a convicted embezzler, even after they've paid their debt to society?) but your liberty may be at stake.   You can have no higher priority in this situation than to contact a good criminal defense attorney – preferably one who also knows something about employment law – to advise you.

And in the meantime, remember tip number 2 and be sure to keep your mouth shut.   If people did not speak to the police and other investigators who may come calling, the jails of this country would be pretty much empty.   The United States already has both the highest per capita incarceration rate and highest total prison population in the world

Believe me, you do not want to be a part of that statistic so take a deep breath, exercise your right to keep your mouth shut, and get someone on your side pronto.  Hopefully before you know it, this will all be a bad memory.

Dmitri Iglitzin is a partner in the law firm of Schwerin Campbell Barnard & Iglitzin. He lives in Seattle with his wife, Eileen Quigley, Executive Director of Qvisory, and their two children.

Dmitri received his B.A. from Yale University, magna cum laude, and his J.D. from the University of Michigan School of Law, magna cum laude. His practice is centered on labor and employment law, and he spends most of his time advising and representing public- and private-sector labor unions in local, state, and federal proceedings.

Dmitri is also a frequent commentator on matters of concern to unions and working people. His editorials have appeared in the Los Angeles Times, the Christian Science Monitor, the New York Daily News, the Philadelphia Inquirer, and the Washington Examiner, among many other newspapers, and on popular websites such as The Huffington Post, Tom Paine, and TruthOut. He has also been a featured labor commentator for GoLeft.TV.

Although Dmitri is a lawyer, it is not his intent through this blog to be giving legal advice to anyone. If you have any questions about whether it is appropriate, or even lawful, for you to do any of the things he's advising, please consult a lawyer.
See Dmitri Iglitzin's other posts and profile.

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4 Comments

Dmitri Iglitzin
06/06/08 11:56 AM

Well, basically, you're screwed. This falls into that awful gray area where bad things are happening to you, but those things are neither overt enough to prove nor adverse enough to be legally actionable. Any efforts you make to "verify" your suspicions or disabuse your manager of his or hers of you -- such as, for example, asking your new manager, "are you aware I was accused of stealing office supplies and trading them for drugs?" -- will simply amplify the problem.

As I see it, you have two choices: (1) try to wait it out, hoping that after a while, when nothing untoward happens, your new manager will realize that you actually ARE trustworthy, or (2) jump from here to http://qvisory.org/posts/give-your-resume-a-mak... and http://qvisory.org/posts/tips-for-rocking-your-... and start brushing off your resume. There may be a third solution, but I can't think of one.

Jane Doe
06/05/08 01:43 PM

What recourse does an employee have if there was an accusation and HR did an "investigation" and found you to be innocent. HR also stated that no one else would be made aware of the acusation. However you think that your new manager has been told because they are suddenly doing things that indiacte they do not trust you.

Dmitri Iglitzin
05/19/08 02:09 AM

Sadly, the odds are that even in this "worst-of-all-possible worlds" scenario -- the innocent employee wrongly accused, personal resources squandered, name dragged through the mud -- you're not going to have any meaningful recourse.

The problem is that in most (if not all) states, you can't sue someone for making a report to the police unless that person KNEW what they were saying was a lie -- and in some states, you can't sue even then. So if your boss simply reported his/her suspicions to the police, there is almost certainly nothing you can do about it legally, however unfounded those suspicions turn out to be.

If you ended up in legal trouble not because your boss reported you to the police, but because your boss said bad things about you to third parties, who then relayed those accusations to the police, you might have a legal action for "defamation" against the person or people who bad-mouthed you, but such cases are notoriously difficult to win. In particular, you have to show that these people made specific untrue statements of fact -- e.g., "Sean took money from petty cash" -- not merely derogatory statements of opinion, "Sean is a dishonest rotter."

It's common for an employee in this situation to hear at second- or third-hand that his/her former boss is bad-mouthing him/her to (for example) prospective future employers. Trying to get anyone to confirm "on the record" what they heard the former boss say is a hard-to-impossible task, however, and the pursuit of such "verification" is almost always fundamentally incompatible with the laid-off employee's true goal, which is to get another job.

So, as a practical matter, an employee to whom this happens is likely to have no decent option other than to lick his/her wounds and struggle forward. I don't like it either, but that's the way it is.

Sean Jameson
05/16/08 10:52 AM

Interesting post but really scary! What happens if your boss accuses you of a crime, you get a lawyer, and you're off the hook? Does your employer have to pay for all the costs of the lawyer? It seems like that would be really unfair if you had to pay (thousands? Hundreds of thousands?) of your own money to prove that you were innocent.

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