Legal Question in Criminal Law in Massachusetts

Re: If you accuse an employee of a crime, do you face defamation suit?

The short answer is no. I am not sure what basis you "attorney friend" uses to give you such advice. The act of unauthorized taking with apparent no intent, albeit belated, to return meets the elements of larceny. Whether it is worthwile to pursue the action is between you, and an attorney familiar with the facts. Defemation deals with a civil action when someone's character is involved, and that person is accused falsely, under certain prescribed conditions. I am sure that your attorney friend is trying to protect you, and your best interests are in his mind and heart. Try the advice of another attorney, or provide more specific facts.

Re: If you accuse an employee of a crime, do you face defamation suit?

The subject heading and the text of your question do not match. The short answer to the question posed in your subject heading (i.e., "If you accuse an employee of a crime, do you face defamation suit?") is "possibly yes." However, asking the police to investigate whether a crime has occurred is not the same as accusing someone of a crime, and you would certainly not face a defamation suit if you simply ask the police to investigate this incident. Moreover, given the large amount of incriminating evidence against your employee, I think it would certainly be appropriate to take this issue to the police. In the event that you do contact them, however, you should wait for the results of their investigation any action taken by the district attorney before making public any accusations of wrongdoing.