What Happens After You’re Accused of Employee Theft in Florida?
Robert Malove Accused of Stealing From Work? Here Is What Comes Next
Key Takeaways: After an employee theft accusation in Florida, the case usually starts with an internal investigation by the employer. If the employer reports it to police, officers may investigate, and prosecutors then decide whether to file charges and at what level. Florida has no separate "employee theft" crime, so prosecutors usually charge these cases under the general theft statute, which also covers embezzlement, misappropriation, and attempts. The charge level mostly depends on the value allegedly taken, ranging from misdemeanor petit theft under $750 to first-degree felony grand theft at $100,000 or more. Defenses often focus on intent, permission, mistaken identity, weak evidence, or inflated values, and diversion may be an option for some first-time offenders. Don’t sign statements or repayment agreements before you talk with a lawyer, because a theft conviction can affect your job and housing prospects for years.
Being accused of stealing from your employer can upend your life in one afternoon. What comes next usually follows a set path: an internal investigation, possibly a call from police, and then a decision by prosecutors about whether to file charges. The value allegedly taken, the employer’s evidence, and what you say early on can all shape your outcome.
If you or someone you love has been accused of employee theft, you do not have to face the process alone. The Law Offices of Robert David Malove defends people in Fort Lauderdale and across Florida who are under investigation or already charged. Call 954-861-0384 or contact us now to talk about your situation before you make any statements.
How Florida Law Treats Workplace Theft Accusations
Florida generally prosecutes workplace theft under the same theft statute used for other theft offenses. Under Fla. Stat. § 812.014(1), a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to deprive the owner of a right or benefit, or to appropriate the property to his or her own use or the use of someone not entitled to it. That intent can be temporary or permanent. You can review the full text of Florida’s theft statute on the Florida Senate’s website.
Why "Endeavors to Obtain" Matters
The statute covers attempts, not only completed takings. Because § 812.014(1) uses the phrase "endeavors to obtain or to use," the state may charge an employee even if no money or merchandise left the building. However, the state still has to prove intent beyond a reasonable doubt.
Embezzlement and Misappropriation Fall Under Theft
Florida’s theft definitions include conduct that people often call embezzlement. Under Fla. Stat. § 812.012(3), "obtains or uses" includes embezzlement, misapplication, misappropriation, and conversion, as well as getting property through false pretenses, fraud, or deception. That is why an employee accused of skimming cash, misusing company funds, or taking inventory may face standard theft charges. Florida also defines "property" broadly under § 812.012(4), including intangible personal property.
The Steps You May Face After an Accusation
Most workplace theft cases begin inside the company before police get involved. The employer may review camera footage, register reports, inventory counts, or computer logs. A manager may ask you to come into an office "to talk," sometimes ending with a request to sign a written statement or a promise to repay.
What happens next generally depends on whether the employer reports the matter to police. If it does, an officer or detective may contact you, ask for an interview, or seek a warrant or a notice to appear. Common stages may include:
- An internal interview or written statement request from the employer
- Firing or suspension, sometimes before any police contact
- A police investigation, interview request, or arrest
- A charging decision by the State Attorney’s office
- Arraignment, discovery, negotiations, and possibly trial
💡 Pro Tip: You can politely decline to sign a written confession or repayment agreement until you speak with a lawyer. Prosecutors may use documents you sign in that first meeting as key evidence.
How Prosecutors Grade Employee Theft Charges in Florida
The value of what was allegedly taken largely decides how serious employee theft charges in Florida will be. Under Fla. Stat. § 812.014(2) and (3), theft ranges from a misdemeanor to a first-degree felony:
| Alleged Value | Charge | Classification |
|---|---|---|
| Less than $100 | Petit theft, second degree | Misdemeanor |
| $100 to less than $750 | Petit theft, first degree | Misdemeanor |
| $750 to less than $20,000 | Grand theft, third degree | Third-degree felony |
| $20,000 to less than $100,000 | Grand theft, second degree | Second-degree felony |
| $100,000 or more | Grand theft, first degree | First-degree felony |
Other factors can also raise a charge, so this table is a starting point. Some types of property, such as firearms or motor vehicles, can lead to a grand theft charge no matter what they are worth. Fla. Stat. §§ 775.082, 775.083, and 775.084 set the penalties for each level. Prior theft convictions can also raise a petit theft charge: with one prior, it becomes a first-degree misdemeanor, and with two or more, it can become a third-degree felony.
Small Amounts Can Be Added Together
Prosecutors may combine separate takings to reach a higher felony level. Under Fla. Stat. § 812.012(10)(c), amounts from thefts committed under one scheme or course of conduct may be added together to set the grade of the offense. Whether the takings really were part of one scheme is often worth challenging.
When the Employer Cannot Prove Its Losses
Value is often a weak point in the state’s case. Fla. Stat. § 812.012(10)(a) defines value as market value at the time and place of the offense, or if that cannot be determined, the cost of replacing the property within a reasonable time. If value cannot be determined at all, § 812.012(10)(b) lets the judge or jury find a certain minimum value, and if the state cannot establish one, the law treats the value as less than $100. Sloppy employer records can make a real difference in the charge level.
Retail Workers and Multi-Store Cases
Employees of retail chains may face added rules. Under Fla. Stat. § 812.015(10), if retail theft occurs in more than one judicial circuit within 120 days, prosecutors may add the values together, and the Office of the Statewide Prosecutor must handle the case. Under § 812.015(2), a second or later conviction for petit theft from a merchant carries a fine of $50 to $1,000, though the court may order public service instead. You can read these provisions in Florida Statutes Chapter 812.
Defenses That May Apply in Workplace Theft Cases
Intent is often the main issue in these cases. The state must prove you knowingly took or used property with intent to deprive the owner or appropriate it. Honest bookkeeping errors, misunderstood company policies, or a good-faith belief that you had permission may weaken that element. A defense may also focus on:
- Consent or approval from a supervisor or under company practice
- Mistaken identity, especially where several employees had access
- Weak or incomplete video, register, or audit evidence
- Inflated or unsupported value figures
- Statements given under pressure or without understanding your rights
Every case turns on its own facts, and no defense works in every situation. A careful review of the employer’s records sometimes reveals gaps that support a reduced charge or a dismissal. In other cases, the better path may be negotiating a resolution that protects your record. You can find more Florida criminal defense resources that explain how these cases move through court.
Time Limits, Diversion, and Your Criminal Record
Florida generally allows prosecution under its theft statutes within five years after the cause of action accrues. Fla. Stat. § 812.035(10) sets that period for actions under §§ 812.012 through 812.037. The clock may pause while the accused is continuously absent from Florida or has no reasonably ascertainable home or workplace in the state, but that pause cannot extend the period beyond the statutory cap. Other rules, including Fla. Stat. § 775.15, may also apply, so do not assume a case is too old without legal review.
Diversion programs may be available for some first-time offenders. Each county handles cases differently, and the local State Attorney’s office sets its own rules on who qualifies. In Broward County, for example, eligibility may depend on the amount involved, your history, and whether you can repay the loss.
💡 Pro Tip: Completing a diversion program may lead to dropped charges, which can open the door to sealing or expunging the arrest record later, subject to Florida’s eligibility rules.
A theft conviction can follow you. It may show up on background checks and can block jobs and housing for years. Employers in banking, retail, healthcare, and other fields that handle money or sensitive information often treat theft records as disqualifying.
Frequently Asked Questions
1. Should I talk to my employer or police about the accusation?
You have a constitutional right to remain silent with police. You are generally not legally required to answer your employer’s investigators either, although a private employer may discipline or fire you for not cooperating. The state may use anything you say as evidence. Speaking with a lawyer first is usually safer.
2. If I pay the money back, will the charges go away?
Repayment does not automatically end a criminal case. The State Attorney, not the employer, decides whether to prosecute. However, repayment may be a factor in negotiations or diversion eligibility.
3. Can I be charged if I never actually took anything?
Possibly, yes. Section 812.014(1) covers anyone who "endeavors to obtain or to use" property unlawfully. The state must still prove intent beyond a reasonable doubt.
4. Will I go to jail for employee theft?
It depends on the charge level, your history, and the facts. Petit theft is usually a misdemeanor that can carry jail time. Grand theft is a felony that can carry prison time. Many cases end without jail or prison, but no one can promise an outcome.
5. What if I was fired but have not been arrested?
You may still be under investigation. Prosecutors can file charges weeks, months, or sometimes years later, as long as they act within the time limit. Getting advice early may help you avoid mistakes and prepare a defense.
Protecting Your Future Starts Now
An accusation of workplace theft is serious, but it is not a conviction. Florida law requires the state to prove intent, that the property belonged to someone else, its value when that affects the charge level, and your involvement. If you are worried about how to respond, speaking with an employee theft charges Florida lawyer can help you understand your options.
The sooner you have a defense lawyer on your side, the more options you may have. The Law Offices of Robert David Malove is ready to review your case and help you plan your next steps. Call 954-861-0384 or schedule your consultation today.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.