Being accused of theft from your employer is a serious matter under Canadian criminal law. These charges can involve more than just losing your job—they can lead to a criminal record, jail time, and long-term damage to your personal and professional reputation. If you’ve been charged, understanding how these cases are handled and what defences may be available is essential to protecting your future.
What Constitutes Theft from an Employer?
Theft from an employer falls under section 334 of the Criminal Code of Canada, which defines theft as “taking or fraudulently converting anything with the intent to deprive the owner of it.” When the alleged victim is your employer, the courts often treat the case more severely due to the breach of trust involved.
Theft from an employer can include:
- Taking cash from a register or safe
- Stealing products, inventory, or equipment
- Misusing company credit cards
- Falsifying payroll records or expense reports
- Manipulating accounting entries or invoices
The value of the stolen item will influence the severity of the charge:
- Theft under $5,000 (summary or indictable)
- Theft over $5,000 (always indictable and more serious)
Even small amounts can lead to significant penalties when the theft involves a breach of trust.
Why Employer Theft Is Treated More Harshly
When someone steals from an employer, the Crown often seeks tougher penalties compared to other theft offences. The courts consider this type of crime to involve a betrayal of confidence—particularly in roles where the employee had access to cash, sensitive records, or valuable merchandise.
This breach of trust is considered an aggravating factor under section 718.2 of the Criminal Code, which judges must take into account during sentencing.
Common Scenarios That Lead to Charges
- A cashier accused of skimming money from the till
- An employee taking inventory home for personal use
- A bookkeeper diverting funds to their own account
- An assistant accused of misusing a company credit card
- A manager manipulating invoices for personal gain
Sometimes, these allegations arise from misunderstandings or internal disputes. In other cases, the evidence may be circumstantial, and innocent people are wrongfully accused.
Potential Penalties for Theft from Employer
The consequences of a conviction depend on the value of the theft and whether it involved aggravating factors like breach of trust or planning. Potential penalties include:
- Theft under $5,000: Up to 2 years in prison (if prosecuted indictably), or up to 6 months (if summary)
- Theft over $5,000: Up to 10 years in prison
- Restitution orders requiring you to repay the employer
- Probation with strict conditions
- Criminal record, which can affect future employment and travel
- Permanent loss of professional certifications in regulated industries (e.g., banking, law, healthcare)
Even if you avoid jail, a criminal record for employee theft can make it extremely difficult to rebuild your career.
How to Defend Against Theft from Employer Charges
Defending against these charges requires a careful examination of the evidence, including surveillance footage, internal audit records, and witness testimony. Common defences include:
- Lack of intent: Mistaken belief that the item belonged to you or you had permission
- Insufficient evidence: No clear proof of who committed the theft
- Mistaken identity: Someone else committed the offence or had access
- Charter violations: Illegal search or seizure of personal property or digital data
- Duress or coercion: You were pressured or threatened into committing the act
In some cases, early negotiations with the Crown may result in a withdrawal of charges, diversion, or a peace bond—especially for first-time offenders or those willing to make restitution.
Should You Speak to Your Employer or the Police?
No. If you are accused of theft from your employer, do not try to explain yourself or return the property without speaking to a lawyer. Anything you say can be used against you in court. Many people mistakenly believe that confessing or cooperating will help them avoid charges. In reality, these actions can strengthen the Crown’s case.
Instead, exercise your right to remain silent and contact a criminal defence lawyer immediately.
Schedule a Free Consultation with LichtmanLaw
If you’ve been charged with theft from your employer, your reputation, livelihood, and freedom may be at stake. The legal system treats these cases seriously, and attempting to handle the situation alone can make things worse. LichtmanLaw has the experience to defend you, challenge the evidence, and work toward the best possible outcome.
Contact us now to schedule a free, confidential consultation.