When to file criminal charges against fired staff.


Sometimes employee misbehavior is so egregious that you're tempted to call the police.

But don't be so quick to file criminal charges against former employees. Consider the consequences, including the possibility your organization could be on the receiving end of a "malicious prosecution" lawsuit.

Unless you are willing to make criminal accusations against an employee at the time you terminate her, don't do it at all. Waiting until it's clear the employee may sue looks suspiciously like piling on, which courts don't like.

Recent case: Vilma, who did office work for a dentist's office, often entered discounts into the computer for employees' family members when the dentists asked. Vilma also entered discounts for her own family. The office didn't have specific rules on discounts.

One day, Vilma voiced a sexual harassment complaint, so she was moved to another position. That's when the company discovered...

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