Employers in Minnesota sometimes accuse workers of “time theft” (getting paid for hours not actually worked). This can happen through “buddy punching” on time clocks, excessive personal phone use, or falsifying timesheets.
But is time theft a workplace issue, or can it actually lead to criminal charges in Minnesota? The answer depends on the circumstances.
If you are facing allegations like this, don’t risk it; contact an attorney who knows what to do and how to protect you from charges.
What is “time theft”?
“Time theft” is a broad term employers use when they believe an employee is getting paid for time they didn’t work. Common examples include:
- Clocking in or out for another employee (“buddy punching”)
- Inflating hours on a timesheet
- Excessive personal activities while on the clock
- Taking unauthorized long breaks
- Working a second job while billing the first employer
From an employer’s perspective, time theft can add up to significant financial losses. But is this a real crime? Well, everything depends on the situation.
Civil vs. criminal liability
Civil dispute (most common)
In many cases, time theft is treated as a workplace or contractual issue. Employers may:
- Issue warnings or terminate employment
- Seek repayment through civil remedies (deductions from final pay, lawsuits for fraud or breach of duty)
- Handle the matter internally without law enforcement
Criminal liability (possible in serious cases)
Under Minnesota law, certain forms of time theft can rise to the level of criminal theft or fraud. If prosecutors believe an employee intentionally took wages through deception, charges may be filed under Minn. Stat. § 609.52.
For example:
- Submitting false timesheets could be considered theft by swindle.
- Collecting pay for hours not worked may count as obtaining property (money) through fraud.
Penalties depend on the total value of the alleged theft:
- Under $500: Misdemeanor, up to 90 days in jail and a $1,000 fine.
- $500–$1,000: Gross misdemeanor, up to 1 year in jail and a $3,000 fine.
- Over $1,000: Felony charges, with penalties ranging from 5 to 20 years in prison and fines up to $100,000.
How Minnesota courts view these cases
Courts look at:
- Intent: Was the employee deliberately falsifying records, or was it an honest mistake?
- Evidence: Are there time records, emails, surveillance, or witness statements?
- Value: The higher the dollar amount, the more likely prosecutors are to pursue criminal charges.
In practice, many “time theft” claims stay at the workplace level. But when there is clear proof of fraud, large financial losses, or repeat conduct, employers may involve law enforcement.
What to do if accused of time theft
- Stay calm and avoid self-incrimination. Do not admit fault without legal advice.
- Review the evidence. Ask to see the time records or allegations.
- Understand your rights. Minnesota employees cannot have wages deducted illegally without due process.
- Get legal representation. If criminal charges are threatened, speak with a Minneapolis criminal defense attorney.
If charges are filed, your defense may depend on whether the issue was an honest mistake, a policy dispute, or a lack of intent to defraud.
Related legal areas
Depending on how a case is charged, time theft accusations may overlap with:
- Felony theft cases if the alleged value is high
- Misdemeanor theft for smaller amounts
- Employment-related theft, including workplace fraud or embezzlement
Don’t risk your future or work; contact a lawyer today.
FAQs About Time Theft in Minnesota
Is time theft always a crime?
No. Many cases are civil employment disputes. Criminal charges usually apply only when there is intentional fraud with significant losses.
Can my employer deduct money from my paycheck for time theft?
Not without proper notice and authorization under Minnesota wage laws. Employers generally need legal grounds to withhold wages.
What happens if my employer reports me to police?
Law enforcement may investigate. If enough evidence exists, prosecutors could file theft charges. The severity depends on the value of wages allegedly stolen.
What if I made an honest mistake on my timesheet?
Intent is a key factor. Honest errors are usually not criminal, though they can still lead to workplace discipline.
Should I pay back wages if accused?
Consult with an attorney before making payments. Repayment could resolve the matter civilly, but in some cases, it may be seen as an admission of guilt.