Employment Law Questions? Ask an Employment Lawyer.
In theory they could make a complaint for embezzlement. That being said in most these cases if the amount isn't extremely large (six figures or more) the police either tell the complainant that it's a civil matter that they have to pursue in civil court or the prosecutor doesn't find cause to open the matter for charges and warrant for arrest. Stealing hours as such, as opposed to drafting or depositing phony checks to yourself, rarely if ever is charged. Ultimately the answer to your question is - probably no. If the amount is not very high the employer probably would not be successful in having you criminally charged.
With that amount in dispute there will most assuredly not be a charge against you. It's just for the police it's impossible for them to prove whether you worked it or not ...so it ends up not being worth their time and cost to prosecute. So they consider it a civil dispute.
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