EMPLOYER FILING CRIMINAL CHARGES

By: Mitchell E. Ignatoff

Let's say that you have fired an employee for theft. Now you want to file charges against the employee. To raise the stakes the employee has sued alleging breach of contract or other grounds for wrongful termination. Now you want to know whether to file criminal charges against the employee.

This is something you really should review with a Certified Criminal Trial Attorney, not simply someone who is a former prosecutor. If you choose to file the criminal charges you may end up in municipal court. This causes enormous delay because these courts are set up for summary charges and taking guilty pleas. Many things will come ahead of your case. There is only one judge, not a jury, and he may not understand some of the complex factual issues of how you do business. And you will have to hire your own prosecutor to try the case. If you lose, you are facing a suit by the employee for malicious prosecution, with possible punitive damages. If you win, the advantage is the employee's case may very likely be dismissed on summary judgment. So my suggestion is have an attorney who knows what he is doing review it before you file any charges. If the county prosecutor does not take your case, you still have filed charges in municipal court. Withdrawing the charges without a stipulation of probable cause can still result in a suit for malicious prosecution.

I am a Certified Criminal Trial Attorney, and I'm speaking from experience. Talk to me first.

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