Legal Question in Administrative Law in California

Re: employee stealing money from us.

IF you file a police report and convince the police and DA to pursue the matter, and convince the DA and the court to require a restitution order in the full amount of your losses, and if the defendant agrees to that as a term of probation, then you probably don't need to pursue civil action. Keep in mind that such restitution order would likely allow small monthly payments to be made, starting after any jail time served. However, your failure to file civil suit can be taken by the DA and court as an indication of your lack of seriousness in this situation. The choice is yours. If interested in doing it right, filing suit as is probably required by your insurance company, feel free to contact me.

Re: employee stealing money from us.

Your starting point is to contact the police (or sheriff if outside police jurisdiction) and ask for assistance in reporting a white-collar crime. The DA's office will decide whether to become involved based upon its review of the police report. If you want to make doubly sure the DA sits up and takes notice, obtain a copy of the police report and visit the DA's office in person (try to make an appointment first).

Nevertheless, civil remedies and criminal remedies differ, as does the standard of proof. In a criminal case, the DA must prove all elements of the crime beyond a reasonable doubt, and while victim restitution is a part of California's criminal justice philosophy, we also tend to send crooks to jail. On the other hand, in a civil action for conversion, you only have to prove the employee's liability by a preponderance of the evidence, i.e., more than 50% likely that she did it. Then, you'll get a judgment that will allow you to tap her earnings, foreclose on her property, etc. for years and years if necessary, until you are repaid, with interest.

I suggest following both tracks, and further suggest that you consult with an attorney for the civil suit before you make accusations or take any self-help steps such as making public accusations (other than the police report, I mean).