NEED INPUT ASAP!!

Avatar for sunshineandsmiles
iVillage Member
Registered: 03-26-2003
NEED INPUT ASAP!!
19
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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iVillage Member
Registered: 05-23-2006
Tue, 07-24-2007 - 8:36pm

In my state, 17 is no longer a minor when it comes to criminal offenses. I agree with those here who have said theft is NOT the same as a traffic ticket. It sounds as though your DD made a terrible mistake and IMHO it doesn't matter if others do it, anyone who does it is stealing. My son works for a local discount store which I think must be different than the one bunny mentioned, however it does begin with a W..... but in this store, there are only two registers where the employee discount can be given and the employee using the discount cannot be the one running that register. Where he works, the discount applies to everyone in his immediate family in that I can go in there and ask to use A's discount and it is fine..... I cannot imagine a place where they allow employees to ring up their own discount as that sounds like asking for trouble from anyone who is less that 100% honest.

All that being said, in my state the no record thing is called an SIS, suspended imposition of sentence.... which is a certain # of mo of probation and once that is up, the charge is no longer public record, thus it is like it never happened. You could hire an atty or you could simply go with her to court and ask what her options are to keep it off her record. The judge I work for will agree to these in certain instances without an atty. I do think she should have to pay for whatever the damage to the product was because she was ultimately the one responsible for what happened because if she had not agreed to the discount which was dishonest in the first place none of it would have ever happened. I also would not ever make it seem like what she did was a small thing or no big deal... something like this could have a life long consequence for her which is not a situation you ever want her to find herself in and it is a very good lesson to be learned.

iVillage Member
Registered: 07-25-2007
Wed, 07-25-2007 - 12:32am
My Name For Starters is Suerieanna Danyelle Nye and i think you should fight this injustice! If im getting things right the actuall felons are not getting much more punishment that her. She was pretty much from what i gather sucked into it.
iVillage Member
Registered: 03-27-2005
Wed, 07-25-2007 - 9:06am

I'm a strong believer in having kids learn lessons the hard way. My response would be to tell my child to be thankful that he wasn't jailed. Sure it's a hard lesson to learn, but it's important for teens to learn that their actions have serious consequences.

It's generally a fireable offense to give your employee discount to anyone. That's rule one of most retail stores and they tell you this upfront they day the hire you.

You are also not supposed to allow merchandise to leave a store until the transaction is finished with. Until such time you are accountable for the merchandise and it remains the property of the store and can not leave the building.

stacy

Avatar for weberdns0
iVillage Member
Registered: 08-25-2000
Wed, 07-25-2007 - 10:08am
What your daughter did was to give a discount to a friend who wasn't eligible and steal from the store.
Avatar for sunshineandsmiles
iVillage Member
Registered: 03-26-2003
Wed, 07-25-2007 - 4:00pm

Thank you all for your input!

The charge is a city ordinance for retail theft for the discount given - DD is not being charged with retail theft of the product itself. A moot point for the charge, but gives me piece of mind. She did give her employee discount, and to add insult to injury, she also tried to give an instore discount - those facts cannot be argued and nor should they be. The officer did say that if she would have made sure the product was returned to the store she would have just lost her job. The charge is not criminal and will not be on any adult record or be found in any type of criminal record search. It will be in the local paper unfortunately - the worst punishment.

The boy is being charged w/the same thing as he has other fish to fry with a burglary he was party to the night before this incident.

Small town living is hard for 'city folk' (LOL) to understand and sometimes even believe, but it is what it is! DD made some unfortunate choices and will have to live with the consequences, no doubt about it. Hopefully she can find a job as she'll be paying the fine.

Thanks again - this board is a lifesaver!

iVillage Member
Registered: 11-28-1999
Wed, 07-25-2007 - 4:26pm
I know what you mean. The town we live in isn't that small, but the town paper only comes out once a week and they have the police log, which I always read. A couple of times I have seen names of DD's friends in the paper and I remind her that now that she's 18, if she gets arrested for alcohol or something like that, it will be in the paper.
Avatar for mjaye2002
iVillage Member
Registered: 03-26-2003
Wed, 07-25-2007 - 5:48pm
LOL We live in a teeny-tiny town too. We do have a weekly newspaper, but shoot--who needs that??? The town grapevine is MUCH faster than anything other type of communication. (Not necessarily accurate, but what do the gossips care about accuracy???)
iVillage Member
Registered: 05-23-2006
Wed, 07-25-2007 - 8:10pm

<<>>

How do you know this? I am curious who told you this information.... because when we run a criminal history every single charge that has ever been charged is on there. We can see even the dismissed or SIS, or closed records. However, unless it is one of those... even if it is a city ordinance and she pleads guilty, it will be on her public criminal record. Unless it is a juvenile record which is then closed to the public.

iVillage Member
Registered: 04-26-2004
Thu, 07-26-2007 - 1:17am
I would plead not guilty also, but I would make sure that the lawyer you get to represent her knows that there is a tape from the store. This way it can be used as evidence. She should be punished by loosing her job, and as for the item damaged. I do not think that she should be liable, the one that carried it out, and it not payed for is liable, and is down right theft. I live in a small rural area, and we have nosey newspapers also, the only way that her name would appear in our paper is if she is over the age of 18, it is illegal to print or say anything about the minor.
Hope this Helps,
mommiemed ( new here, I have a 15 yr. old)

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