False accusation of theft at work: what to do if your company reports you after claiming your rights

Table of Contents

1. Intro
2. When you claim your rights «It's annoying.» to the company
3. The false charge as retaliation: theft, misappropriation and dismissal
4. What to do if you are falsely charged: criminal and parallel work
5. The renunciation of criminal action as part of the agreement
6. Real case
7. Summary: how this type of case develops
8. Frequently asked questions
9. Conclusion

1. Introduction

There is a pattern that is repeated more than it should: a worker claims something he is entitled to. —a compensated termination of the contract, payment of amounts, non-compliance— and, shortly thereafter, the company responds with a serious charge. In this case, a carrier who delivered bread to bakeries was accused of taking goods from the company and reselling it. The question raised by the worker is always the same: what do I do now, how do I defend myself from something I have not done?

2. When you claim your rights «It's annoying.» to the company

In such cases, the worker first comes to the office to raise a claim for the termination of the employment contracton the understanding that the company has seriously failed to fulfil its obligations. It is at that time, after the claim is filed, that the company reacts: instead of responding to the claim, it seeks «Get off of me.» the worker by dismissal, and to this end he builds a charge of disloyalty or even of a possible offence.

This order of events —first the worker's claim, then the company's charge— It is not casual, and it is legally very relevant: it can be a clear sign of retaliation, something that the courts examine with particular attention.

3. The false charge as retaliation: theft, misappropriation and dismissal

To accuse a worker of taking goods from the company and reselling it is not a simple labour discrepancy: they are facts that, if they are true, could constitute an offence of theft or misappropriation. Precisely because of its seriousness, such charges are sometimes used as a weapon to justify disciplinary dismissal and discredit the worker, especially when the worker has already filed a complaint against the company.

Dismissal based on these facts is often described as disciplinary dismissaland it is for the company to prove, with solid evidence, that the charge is true. If it cannot do so, the dismissal may be declared inappropriate, with the consequences of compensation.

4. What to do if you are falsely charged: criminal and parallel work

Where the company, in addition to dismissal, makes a complaint or criminal complaint for the same facts, the worker faces two fronts that should be managed in a coordinated manner:

• Workway:: challenge the dismissal and maintain the claim for compensation or for the corresponding amounts, showing that the charge is unfounded.
• Criminal use: to prepare the defence against the complaint, gathering all available evidence —delivery records, albarans, witnesses— to prove innocence. You can see how it develops criminal proceedings in Spain to understand the stages through which this type of procedure can pass.

The strength of the worker's position on the road to work —for example, if it is established that the charge arose just after claiming their rights— It can also be a decisive element of pressure to reach a favourable agreement on both fronts.

5. The renunciation of criminal action as part of the agreement

In cases where an agreement is finally reached, it is common for the company, when it finds that the charge is not held or that the cost of maintaining the criminal procedure is too high, to agree to give up the criminal action initiated, formalizing such a waiver in writing as part of the global agreement.

This type of agreement usually includes, at the same time, the recognition of dismissal as inappropriate (or the compensation itself requested), the payment of the corresponding compensation and the formal withdrawal of the complaint or criminal complaint, thus closing the conflict in both ways.

6. Real case

The video sets out the case of a bread carrier to which the company accused of taking goods and reselling them, just after the worker filed a claim for the termination of the contract. The company ended up firing him on that charge. Finally, an agreement has been reached by which the company renounces in writing the criminal action brought against the worker.

7.Summary: how this type of case develops

8. Frequently asked questions

Can the company fire me if I've already filed a lawsuit against her?
It can fire you, but if the dismissal is motivated by this previous claim, it can be considered a retaliation, which reinforces the worker's position to challenge it.

What if my company reports me criminally for something I haven't done?
You must prepare your defense as soon as possible, gathering all available evidence. Do not plead without a lawyer and act in parallel on the working path if you have also been fired for the same facts.

What does the company mean? «quits criminal action»?
It means that the company formally desists from continuing the complaint or complaint, usually as part of a global agreement that also resolves the working aspect of the conflict.

Is it common for companies to use criminal complaints as pressure in labour disputes?
It is more often than desirable, especially when the worker has previously initiated a complaint. That is why it is important to document well the chronology of the facts from the very first moment.

9. Conclusion

A charge of theft or misappropriation is serious, but not definitive: if it is unfounded, it can and must be fought both in the criminal and in the workplace. The chronology of the facts —who claimed first and who accused later— It is often the key to dismantling such business strategies. In Leynver Abogados we accompany the workers on both fronts, until we reach agreements that include both appropriate compensation and the final closure of any unfounded criminal action.