Think an Employee Took Money From Your Business?

If an employee stole money, inventory, client payments or company data, the first steps protect what’s left and what you can prove. Secure the accounts, limit the employee’s access and keep every record intact. After that, you choose between a civil claim for repayment, a report to law enforcement, or both. KEW Legal advises Florida business owners on that choice as outside general counsel.

When an employee has taken money, inventory, client payments or data

Employee theft happens when a worker takes company property without permission. Embezzlement is one form. It happens when a worker takes funds the business trusted them to handle and hides the taking.

Common examples include:

• Cash from a register, safe or deposit
• Inventory, tools or equipment
• Client payments diverted to a personal account
• Customer lists, pricing files or other company data
• False entries, personal payments or unauthorized transfers from company accounts

This page is for owners, managers and officers of Florida businesses in Miami-Dade, Broward and nearby counties. You may have found a cash shortage, an odd transaction or a missing file. Now you need to know what to do first.

Kristina E. Wilson is the responsible lawyer for this page. She is one of the firm’s lawyers. The firm works with business owners as outside general counsel and handles employment matters for employers. The firm has an office in Coral Gables.

The firm advises the business on recovering its losses and on its own employment and contract position. It does not represent the employee in this matter.

First steps: preserve records, restrict access and document

The first steps are to lock down money and data, then preserve every record before anyone is confronted.

Start with these actions:

• Secure bank accounts, payment processors and point-of-sale systems.
• Change passwords and reduce the employee’s access to accounting, inventory and customer systems.
• Keep company email and devices from being wiped, reset or changed.

Preserve these records:

• Bank and card statements, ledgers and deposit logs
• Inventory counts and purchase records
• Emails, texts and messages about the transactions
• Camera footage, time records and system login histories
• Policies and handbook pages the employee signed or acknowledged

Avoid three common mistakes. Don’t confront the employee alone. Don’t put accusations in writing before a plan is set. Don’t edit, fill in or delete files to make the numbers match. Altered records can weaken the business’s position.

Next, write a simple timeline. List what was found, when, by whom and how the amount was calculated. A clear, dated account helps the business present its loss. Bringing in counsel early helps match these steps to the path the business is likely to take.

Civil recovery or a report to law enforcement: how the choice shapes next steps

A business can seek repayment through a civil claim, report the conduct to police or the State Attorney, or pursue both.

Florida’s civil theft statute lets a person injured by any violation of ss. 812.012-812.037 or s. 825.103(1) recover threefold actual damages, if the person proves the claim by clear and convincing evidence. The statute provides a cause of action for threefold the actual damages sustained (Fla. Stat. § 772.11). The injured person must prove the claim by clear and convincing evidence, which is a high standard. The statute sets a $200 minimum and allows reasonable attorney’s fees and court costs.

Before filing, the injured person must send a written demand for $200 or the treble damage amount. If the recipient complies within 30 days after receiving the demand, the recipient gets a written release from further civil liability for that act. A demand letter puts the claim in writing and gives the other side a clear window to respond.

The same statute has limits. Punitive damages may not be awarded under it. A defendant can recover reasonable attorney’s fees and court costs if the court finds the claimant raised a claim without substantial fact or legal support. Owners should weigh that risk before filing.

If the stolen material is a customer list or pricing data, Florida’s trade secret statute may apply. Information counts as a trade secret when it is secret, of value, for use or in use by the business, and gives the business an advantage (or an opportunity to obtain one) over those who do not know or use it, and the owner takes measures to keep it from becoming available to persons other than those the owner selects to have access for limited purposes. That makes the business’s own confidentiality controls part of the claim.

The two paths differ in control and timing. A civil claim lets the owner of a trade secret that is unlawfully obtained or used bring a civil action to enjoin the continued improper use of the trade secret, and the court may require affirmative actions to protect it. A police report moves part of the process into the criminal system, where the owner has less control. Neither path promises a result. The right choice depends on the facts, the amount, the evidence and the owner’s goals. The firm reviews those with the owner before a decision is made.

How the process works: step by step

The process runs in five stages, from the first consultation through resolution.

1. Initial consultation. The owner shares what was found, the amount and the records already collected.
2. Evidence review and loss calculation. The firm compares bank records, inventory counts or data access logs against what was found.
3. Employment and contract review. The firm reviews the employee’s agreements, handbook acknowledgments, and any confidentiality or non-solicitation terms.
4. Demand or report decision. The firm drafts a demand letter or helps prepare the business’s account for law enforcement, as the owner chooses.
5. Resolution. The matter may end in negotiation, a civil filing or cooperation with a criminal case. The firm keeps the owner informed at each stage.

Timing varies with how complex the records are and how the other side responds. A clearer timeline comes after the records are reviewed.

Why KEW Legal for employee theft matters

KEW Legal focuses its practice on business law for owners and investors across Miami-Dade and South Florida. That work includes employment matters for employers, contract and vendor disputes, and commercial transactions.

Under the outside general counsel model, the firm works alongside the owner over time. It helps with policies, agreements and disputes, not only when a crisis hits. That matters here. The business’s handbook, signed agreements and internal controls often shape what can be recovered and how.

Handbook language has limits. Florida courts have held that policy statements in an employee manual usually don’t create enforceable contract rights. The manual must contain specific language showing the parties agreed it is a separate employment contract. See Quaker Oats Co. v. Jewell for that rule. A firm that reviews the handbook early can flag these gaps before a dispute begins.

The firm has offices in Coral Gables and Sunny Isles Beach. Kristina E. Wilson is responsible for this page.

Common questions about employee theft in Florida

The short answers below cover the questions owners ask first.

Talk with KEW Legal about the employee’s conduct and your next step

If you found a cash shortage, missing inventory, diverted client payments or copied files, you now have to decide whether to demand repayment, report the matter or do both. Kristina E. Wilson can review those facts with you at the Coral Gables office. Call 305-990-2300 or send a message through the contact page to set up a consultation. Keep the records and access steps from this page in mind while you arrange it.