What Should a Michigan Business Do If It Suspects One of Its Employees Is Committing a Crime?
One of the most difficult decisions an employer can be faced with is what should be done when it appears that an employee is committing a crime. Although the first reaction may be to go to the authorities, that may not be the best course of action in all cases. Each case must be analyzed separately based on the particular facts and circumstances in that case.
While it might be entirely the right choice to turn the employee into law enforcement, a suspicious employer may want to at least consider other options because there are a number of disadvantages to turning over an employee for criminal prosecution. For example, once you turn over the case to the prosecutor, you have pretty much lost all control over the matter. The prosecutor controls the timing of the case and if the prosecutor does not have a burning interest in your case, you might wind up being frustrated at the lack of progress.
On the other hand, there are advantages to letting the authorities handle your case for you. For one thing, it will be much cheaper than if you hire your own attorney to prosecute the case in a civil proceeding. Typically, a prosecutor will seek a restitution remedy that has more "teeth" than a civil collection proceeding. Also, if the prosecutor finds your case interesting, you can bet that it will be a priority for rapid processing.
Regardless of whether you decide to involve law enforcement in this kind of situation, it is imperative that you proceed in a smart and savvy manner in order to give yourself the best chance of succeeding. Relevant facts and evidence must be gathered in a deliberate and controlled fashion. The importance of developing documentation cannot be overstated. Any investigation will at a minimum cover the basic questions such as Who, What, Where, When, Why and How? It is also important to determine whether the suspected wrongdoing is part of a pattern and practice or if it is a one-time incident or the work of a rogue employee.
A Michigan employer faced with the possibility of an employee committing a crime should immediately consult with an experienced and knowledgeable Michigan business lawyer for guidance in how to proceed in this kind of tricky situation.
