Theft in the workplace can take several forms
Published 10/08/04

Workplace theft can take a variety of forms. Most workers understand that stealing company property such as computer equipment would be a criminal act. However, less overt thefts are still crimes and a worker may discover that his wrongful act not only cost him his job but also a criminal prosecution.

For example, the "padding" of an expense report wherein a worker intentionally inflates his or her expenses, creates fictitious expenses, or seeks reimbursement for expenses not related to the employer's work may constitute a theft by deception under New Hampshire criminal statute, RSA 637:4.

Theft by extortion under RSA 637:5 is another potential workplace crime. The New Hampshire Supreme Court in a 1985 case of State v. O'Flynn noted that to be extortion, a threat need not be explicit, but instead can be implied in words of conduct. In that case, James O'Flynn was convicted of extorting campaign contributions from two of his deputies and one deputy applicant in a bid for re-election as Hillsborough County Sheriff. Supervisors need to be cautious to minimize the chance that their actions and words imply to subordinates that providing gifts to the supervisor would increase their chance for promotion.

Another potential workplace crime under RSA 637:6 is the theft of lost or mislaid property. Under this statute a person commits a theft when he obtains property, including money, mistakenly delivered to him and he has the purpose to deprive the owner of such property when he obtains the property or at any time prior to taking the reasonable measures to return the property to the owner.

In other words, a worker cannot consider a known mistake in their paycheck to be windfall. If the worker knows the money is not theirs they must return it, just as they would have to return extra money mistakenly provided to them from an ATM or mistakenly provided to them as change from the grocery store. Likewise, if the worker knows that there is a mistake in disability benefits being paid to him and/or worker's compensation benefits, or other monies he knows are being provided by mistake he should understand that under New Hampshire law a person may be committing a theft when he keeps money he knows has been provided to him by mistake.

If a disgruntled worker: (a) gains unauthorized access to his employer's confidential computer files; (b) uses his employer's computer stored information for his own unauthorized benefit (such as downloading a customer list so as to later compete with the employer); or (c) uses his expertise to conceal or alter the employer's computer data, that worker may be guilty of a computer crime under RSA 638:17.

There are a variety of other workplace wrongful acts that may result in criminal prosecution of either employers or workers. In general, if you are cheating someone else of their money or other assets there might very well be a criminal statute that specifically identifies that type of wrongful act as a crime thereby subjecting you to not only possible civil liability for a monetary damage award against you but also criminal liability which could result in a criminal record and jail time. When in doubt, you should consult your attorney.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and business persons on a variety of legal issues, including employment, and advocating on their behalf. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.