NEED INPUT ASAP!!
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| Tue, 07-24-2007 - 1:55pm |
Greetings! I am needing some fast input and help!
DD17 worked at a local discount store in a job she absolutely loved and did very well at. A Good, but Troubled Friend (Kris) and an Acquaintance (Joe) came in to the store and came thru a line w/a product ($135) they did not have enough $ for so they begged her for her employee discount which she agreed to. She had to have a manager's key to do this. Another employee (Brandon) took the product to a vehicle with Kris while the transaction was completed. Joe proceeded to get her really flustered (which doesn't happen often - it was busy) and then decided he didn't want the product because it would take too long and paid $ for some gum. DD tried to get ahold of Brandon but he didn't answer becuz he was talking to Kris. DD told Joe to tell the employee to bring the item back in the store. Joe left the store, told Kris 'let's go, she just charged us $1 for the product' and proceeded to leave w/the product. DD went about her business and neglected to make sure the product was returned.
Kris and Joe had burglarized a bldg the night before and were caught and the product was found and returned to discount store.
After a brief investigation it was determined (by camera, etc.) that DD told the above truth and was not part of the stealing but lost her job for giving the employee discount and is now being charged by city ordinace for 'retail theft'. The officer checked with Kris (in jail) who said DD would not do something like that and that Joe planned it, was a liar, etc.
In talking w/the discount store it was determined that DD should loose the job because of the discount but be charged for not being sure the item was returned and she has to pay for 1/2 the product because it was returned damaged. The officer is referring to it as 'just a city ordinance' - like a speeding ticket - insinuating we're supposed to be greatful, and initially we thought - well she did make mistakes. However we've been encouraged to reconsider - we live in a town of 2,500 - this will be in the paper and jobs are hard to come by.
We are thinking she made 17-year-old immature mistakes with the discount store - the discount and not making sure the item was returned to the store - and she lost her job because of it. She did not steal or damage anything - why should she be charged for retail theft and pay for 1/2 the product? Joe is being charged with the SAME ordinance violation as well as a felony count of stealing.
She is devastated - feels really stupid that this happened to her, especially by Kris. She trusted both boys and it never occurred to her that the product would not be returned. She knows she made mistakes and accepts she lost her job - lesson learned!
Would you go to bat for her or accept the consequences as they are? I meet w/the officer tonight to let him know we will be pleading not quilty to this charge and will be taking our chances with the District Attorney.
WWYD?
Any input is greatly appreciated! Thanks!

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It doesn't sound like she will have a record from this. After she is charged, as a city ordinance thing, she will likely have to do some type of community service and then it will be expunged from her record (if it even goes that far) and she will simply pay her portion. At that point, she is in the clear and can move on from this. It seems unfair that since the item was returned to the store that she would be required to pay for any of it. I would check about that. I could see her doing 3-4 days community service to keep her record clean, but payment, if at all, should be more of a fine paid to the city - not the store where the item was returned, kwim? She can chalk this up as a hard learned lesson - she should have called over a manager and made sure the merchandise was in the store's custody before letting Joe leave. At least at that point, she could have gotten in trouble about the discount but not about stolen goods.
OTOH, it can't hurt to check with an attorney and make sure none of dd's rights are being ignored or violated. I would definitely look into that. The officer sounds like either he doesn't want to be bothered with pursuing anything further or he's trying to give dd a break because he knows it could have been worse. Either way, check with an attorney just for peace of mind.
That Joe sure sounds like a smooth operator. What scum.
I was so hoping you would answer - and you are exactly right!! It isn't a record thing, however, it is on an internet court section as well as in the paper. Actually in a small town it's already out and about, but it would be easier for her to find another job if she was found not guilty. You're also right in that the officer is saying it could have been worse for her. Part of me wants to just move thru it as a blip on the radar screen - the other part is stuck in the unfairness of it all.
Yes this Joe is becoming well-known in the community - she just didn't think he was quite that bad. And Kris could've stopped it at any time - she's really hurt by his actions.
Thanks so much - you've been very helpful!
She should be charged with retail theft because while she did not actually steal the items she did do something wrong that lead to the theft of them. She allowed someone to use her discount and take items out of the store before they were paid for because she did not want to get in trouble for allowing someone else to lose her discount.
I also agree she should pay for half of the items. She allowed them to be taken out of the store and now they are damaged.She also did not check to make sire they were brought back in. The store should not lose money because of her mistake.
When someone is old enough to have a job they should be old and mature enough to be able to stand up to peer pressure and the issues customers will give.
I would leave it the way it is and let her deal with what she has coming to her. She messed up and now she has to pay for her mistake, it is a good lesson to learn.
I am a lawyer. I represented a middle aged man once on an unemployment case. He had been fired from a major dept. store for claiming a commission on an item he didn't sell. He was denied unemployment because he was fired for cause. He rationalized this by saying that the mgr. who actually sold the item didn't get paid commissions so for some reason he felt entitled to get her commission and "everyone else did it". He failed to see that this was in fact dishonest. In the same way, you could look at it that if the store's rules were that employees could only take the discount for things they bought for themselves and your DD got the discount for her friends, then the store is being deprived of money that they were entitled to, even if it's only $10.00. That's why they call it theft. And you're right that I'm sure everybody does it and they don't get caught.
If it's possible, I would try to work out some deal where she will still pay the money for what they want, but it would go down as a not guilty. In MA for criminal cases, they have something called "continued w/o a finding" which is that if you stay out of trouble for a certain period, usually 6 mos for a first offense, then it will be dropped from your record. Considering this is only an ordinance violation, it's probably not criminal. It's unfortunate that she had this experience when she's probably a really good kid being taken advantage of by others who aren't so nice.
I agree with Daddioe.
I in no way believe this is on par with a speeding ticket. Cops are so full of misinformation it's not even funny. It's often in the cop's best interest for someone to just plead guilty. I wouldn't trust one to advise me on a criminal case, no way.
Hire a lawyer and bail your DD this time.
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I'm not sure what to say as far as what you should do with the officer tonight, but if the discount retailer's name starts with a W, I can about guess what is going on.
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