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What is Pilferage? A Comprehensive Guide to Its Legal Definition
Definition & Meaning
Pilferage refers to the act of stealing small amounts of goods or minor items, often in a workplace setting. This type of theft is typically associated with employees who take items from their employer, particularly in environments like manufacturing plants. Pilferage can also occur during the handling of checked baggage by airline staff, where items may be removed from luggage while it is under the airline's care.
Table of content
Legal Use & context
Pilferage is primarily relevant in criminal law, as it constitutes theft. Legal implications can arise when an employee is caught stealing, leading to potential criminal charges or civil actions by the employer. This term may also be relevant in labor law, particularly concerning employee rights and workplace policies. Users can manage related legal issues through templates available on US Legal Forms, which are drafted by attorneys to assist in navigating these situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee at a manufacturing plant takes small tools or parts home without permission. This constitutes pilferage as it involves theft of items that are not significant in value but are still owned by the employer.
Example 2: A baggage handler at an airport removes a few personal items from a passenger's checked bag while it is being transported (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Pilferage Laws
California
Pilferage can lead to misdemeanor charges, depending on the value of goods stolen.
New York
Pilferage may be prosecuted under petty theft laws, with varying penalties based on the amount.
Texas
Pilferage is treated as theft, with penalties increasing based on the total value of stolen items.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Pilferage
Theft of small amounts or minor items.
Typically involves employees or trusted individuals.
Theft
The unlawful taking of someone else's property.
Can involve larger amounts or more significant items.
Burglary
Entering a building unlawfully with the intent to commit a crime.
Involves trespassing and intent to commit a more serious crime.
Common misunderstandings
What to do if this term applies to you
If you suspect pilferage is occurring in your workplace, consider the following steps:
Document any evidence you may have of the theft.
Report the issue to your supervisor or human resources department.
Consult legal resources or templates from US Legal Forms if you need to take formal action.
If you are accused of pilferage, seek legal advice to understand your rights and options.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Typical penalties: Misdemeanor charges, fines, or termination of employment.
Jurisdiction: Varies by state.
Common defenses: Lack of intent, misunderstanding of ownership.
Key takeaways
Frequently asked questions
Pilferage refers specifically to the theft of small items, often by someone in a position of trust, while theft can encompass a broader range of unlawful taking of property.
Yes, pilferage can result in misdemeanor or felony charges, depending on the value of the items stolen and state laws.
Report the incident to your supervisor or human resources and document any evidence you have.