Legal Question in Employment Law in California

I have a question about two possible forms of stealing in the workplace.

Is it considered stealing, and therefore illegal, for an employee to REGULARLY clock into work, THEN go get breakfast for 20 min, and still take her (2) 10-min breaks and (1) hour lunch break? Or is this up to HR as to whether they want to consider it an issue? (this is in addition to the person spending a couple of hours per day (cumulative) chatting with various people, including co-workers who are trying to work).

Next, is it considered stealing if an employee who orders office supplies FOR THE COMPANY (using the company credit card) uses the rewards bucks for her own personal shopping rather than apply to the next company order? Incidentally, she has the account in HER name under her cell #, not the company�s.


Asked on 10/22/14, 3:10 pm

1 Answer from Attorneys

Situation 1, no. That is an HR issue.

Situation 2, yes. That is technically embezzlement.

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Answered on 10/22/14, 3:22 pm


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