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NCJRS Abstract

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NCJ Number: 78296 Find in a Library
Title: Prosecution of Employees
Journal: Assets Protection  Volume:6  Issue:3  Dated:(May/June 1981)  Pages:30-32
Author(s): P J Gross
Date Published: 1981
Page Count: 3
Format: Article
Language: English
Country: United States of America
Annotation: The pros and cons of a company's pursuing prosecution of an employee for suspected theft or other crimes against the company are discussed.
Abstract: One reason why a company should consider prosecution of an employee suspected of a crime against the company is to fulfill the criminal justice system's obligation on behalf of the public to prosecute a suspected offender and determine guilt or innocence. Further, prosecution may act as a deterrent to other employees by establishing a public record of the act. Also, a company protects itself from civil liability in dealing with an employee suspected of a crime by referring the determination of guilt or innocence to the criminal justice system. Moreover, a criminal court's finding of guilt may be used as a basis for the civil recovery of the company's property or enforcement of a termination notice. One of the possible disadvantages of pursuing employee prosecution is that it transfers company control and management of the problem to an arena that cannot be influenced by company policy and interests. The outcome of prosecution is also unpredictable, since dispositions may be inconsistent from case to case. Further, if prosecution fails to establish guilt, other options available to the company may be prejudiced. The expenses incurred from the reporting of the incident until a final court decision is reached may be significant as well, while the status of the employee and the company remains in limbo. Prosecution can also bring public exposure of corporate problems, resulting in adverse criticism and possibly drawing the attention of other thieves to the company. The advantage of a civil action over criminal prosecution is that less stringent rules of evidence apply.
Index Term(s): Employee theft; Policy analysis
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