I have been involved in many cases of employee fraud over the years including diversion of revenue through invoice manipulation, a team of employees organizing a co-ordinated expense claim fraud, skimming from a kickback scheme, and theft of confidential electronic information.

Employee fraud is a cause for termination of employment.  It can ruin a career and can expose the employee and anyone participating with the employee to a claim for damages. [See My Cases: Thomas J. Lipton Inc. v. Spada]

Employers should obtain legal advice as soon as possible after determining that they have been subjected to fraud to determine the appropriate next steps, including retaining the necessary expert to conduct an immediate investigation, taking the necessary steps to preserve evidence, interviewing the employee and stopping the fraudulent scheme.  This is especially important in relation to the electronic theft of confidential information in situations where this information will be used by the employee to commence their own business or to work for a competitor.

From the employee’s perspective it is critical that they obtain proper legal advice as soon as possible if they have been involved in fraudulent activity for the purpose of reducing their exposure to criminal and civil liability.

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