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Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12328
Experience:  Licensed attorney
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I confidentially reported my boss for embezzlement in January

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I confidentially reported my boss for embezzlement in January this year and my company promises me that they are going to get rid of him within 2 months, but it has taken 8 months to do. It has been very stressful to work with him every day for the past 8 months. Do I have any repercussions?

Brandon M. :

Hello there.

Brandon M. :

I have to be straightforward and say that I'm not sure that I understand the question. You asked if you have any repercussions. Repercussions means consequences--the result of some other action. I don't mean to critique your choice of words, but could you please rephrase the question? I do apologize.

Customer: Do I have any legal recourse, or can they take as long as they want even if it causes me to have a nervous break down?
Brandon M. :

May I safely assume that this is a private employer? Not a government employer?

Customer: Yes, private.
Brandon M. :

Is your boss aware that you reported the embezzlement?

Customer: No, he is a typical bully, sociopath-type and I am terrified he will figure it out. He doesn't bully me but two other employees. He knows something is going on because my company has been systematically eliminating his responsibilities. He is paranoid.
Brandon M. :

What is the company's explanation for not having terminated your boss?

Customer: He is involved in a couple of critical projects that they needed to get complete. If they got rid of him and there was a hiccup in the project, it could cost the company a lot of money, more than the ongoing embezzlement is costing them.
Brandon M. :

Have you been subject to different treatment from the company or your boss since reporting the embezzlement?

Customer: No
Brandon M. :

The challenge here is that a private employer is generally under no obligation to terminate an employee for embezzlement. The law generally allows a company to manage itself as well or as poorly as it pleases. If a company makes the terrible mistake of keeping an employee on staff even after stealing from the company, it ordinarily has the right to do so. It's exceptionally bad business, but it isn't illegal. Keeping bad employees around may drive honest employees away, but it's the company's right to make those bad decisions. If it is the wrong decision, the consequence is that the company loses profit, goes out of business, or worse, but that is the company's right. If the employee who reported misconduct was retaliated against, that could also create a legal cause of action under certain circumstances. But where there has been no retaliation, it's just a question of what is best for the company, and the company has the right to make that decision for better or worse.

Brandon M. :

Does that make sense?

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