Dealing with Locker Theft from other employees

[ihatethieves]

I couldn't really find a section appropriate for my question but it's completely about workplace theft, or specifically locker theft from another employee and I became the victim of opportunity.

Ok, let me explain my situation first, and then you'll understand what I am asking about on whether it is legal or not.

I work at a busboy at a hotel in Boston and sometimes I get clumsy and forgot if my locker is properly secured. I sometimes forget whether the lock on my locker actually was tightly locked.

Currently I am using combination locks. I heard these could be 'picked' open more easier than any lock that require a key. Sometimes I thought I had locked it properly and then later realize when I return to my locker the lock wasn't locked properly, or it could be someone had already figured out my lock's combo sequence and opened it.

Recently, just last night right before I leave and change my clothes I realized that someone had been in my locker and stolen all of the money in my backpack.

This was tip money I received from the Servers. All of it was cash and all of it was gone. SOB!! I think that was around 2-3 weeks if not a month worth of tip money I forgot to take out of my backpack and leave it at home. I typically spend cash and very rarely use plastic. I mostly spent my tips earned on public transportation.

This is the second time this kind of theft occurred to me, with the first time being money taken from my wallet that was in my jacket when I forgot to secure my locker properly. Alright I have to admit I get really clumsy and forgetful sometimes, but in a workplace where you can't always have your belongings and property in front of you at all times and constantly being monitored these kind of things are much more likely to happen, so do you completely blame the victim?

I know I should have been more smarter and careful, but forgetfulness and clumsiness happens such a when I am tired or stressed out at work, and I think that happens not just to myself.

I know it's no use crying over spilled milk here. It's obvious that there is no way I'd be able to recover the stolen cash unless somehow I knew absolutely certain who actually took it and if it even was only one person and then file a complaint against them.

I think it's very very likely that it was somebody that has a locker in the same row of lockers as I am.

One thing I had in mind and this is the main question I have.

I figured maybe I can setup some kind of secret surveillance device that is motion activated "inside" my locker. But I am unsure whether or not this would be legal?

That way if theft and unauthorized access like this were ever to occur again I will know who did it and can prove it. Since without any kind of hard evidence or proof I very much doubt there is much my managers and supervisors or even the security department can do regardless if I filed a complaint or claim of some kind. My managers and supervisors at the time had all left last night since it was a late/closing shift so there really wasn't anything I could do other than just go home and get some sleep.

However I wasn't 100% sure about the legality of this. I've already checked various websites on this matter on whether there are any laws that currently forbid this type of personal surveillance strictly used for anti-theft purposes.

I know you can Not secretly film and tape somebody when they are changing or using the restroom, but this isn't about that.

This is strictly about getting the proof and evidence who had been going into my locker and stealing from me and taking advantage of my clumsiness.

I did read that employers are forbidden to have any surveillance cameras inside locker rooms.

But what about employees who are victims of locker theft like like myself? Is this Not legal at all?

Remember, the hidden surveillance system would be setup "inside my own locker" capturing video of myself opening and using my locker and hoping that I'd eventually catch this thief should the possibility of theft ever occurs again, just because I was clumsy and forgetful and became victim of opportunity again.

I've read that Massachusetts have 'wiretapping laws' that forbid any type of audio or conversations from being recorded without all the consent of all parties involved.

I'm guessing that "if" this kind of surveillance is allowed then the audio can Not be recorded, but only the video then?

Otherwise it's completely not legal or permitted at all regardless.

If it's still not legally permitted then I think my best case scenario is to switch to key-retaining type of locks (locks where the key stay attached to them when they are opened and can't be removed until the lock is closed/locked) since sometimes I end up forgetting about the keys for them and locking the keys inside my locker. Then I would have to have the lock cut just to get my locker open.

I think the hidden surveillance method even if legal may not be cost-effective. Since finding the right kind of equipment for it seems very difficult. But I'll ask around elsewhere once I have a clear answer on this.

It's just that I really really want to catch this thief or group of thieves and file a formal complaint of some kind against them, and have them suspended or even fired/terminated, and this would be the only way I can think of on how to do that.

Other than that I don't know? What other options should I consider? What should I do in the future?

I thought about other options such as a special anti-theft wallet that is really secured and cannot be opened by anyone else other than wallet's owner and maybe with a tracking ability that could help find and catch the thief.

I don't know if there are any legality issues regarding that method either?

What about having the hidden surveillance system built-into the wallet? But I know that won't really do much if they took the entire thing.

Sigh, it's getting real late. I hope somebody reads this asap and gets back to me with some really good solid advice.

 

[army judge]

Before you install any kind of surveillance device in your employer's workplace, I suggest you discuss the alleged theft with hotel security.
We have no authority to support, encourage, or promote anything you plot, plan, or devise.
Again, I urge you to discuss your concerns about thievery with hotel security.
I would also urge you NOT to leave money or other valuables in your locker.
You should secure your valuables in your home, or a bank safety deposit box.

 

[Betty3]

Your best bet is not to take any more money to work than necessary (keep any more money than necessary at work).

 

[cbg]

I would not put ANY kind of surveillance in place without the EXPRESS written permission of your employer. Particularly not in Massachusetts (which is my state, too).

FYI, even if you were able to obtain some kind of proof as to who is responsible, it is not up to you whether they get fired or not. You have no say whatsoever in what, if any, discipline is handed out.

Report the theft to your superiors and let them handle it. It's not your job to catch the thief and this has the potential to backfire on you very, very badly.

 

[ElleMD]

And for crying out loud, stop carrying around several weeks worth of wages in a backpack! I don't care how tired you are when you get home that is a no-brainer. Theft is only one possible negative consequence. No matter what kind of lock you have, if you can't be bothered to use it and take 2 seconds to make sure it is secured, expect this to happen again. I hope you are more attentive when on the job than you are with your personal belongings. Were I your employer, I would wonder about your attention to detail and reliability if you are regularly acting irresponsibly in your personal life and asking to install a camera to make up for it.

 

[ihatethieves]

I would not put ANY kind of surveillance in place without the EXPRESS written permission of your employer. Particularly not in Massachusetts (which is my state, too).

Report the theft to your superiors and let them handle it. It's not your job to catch the thief and this has the potential to backfire on you very, very badly.

I'll report it to my boss as soon as I'm back at work tomorrow morning, and see what they will say or do about it. I always figured without any kind of proof it's just not much they can really do, but it would be very difficult to obtain the proof.

Well what you tell me clears things up. I'd figure you can't go ahead without some form of clear permission first after all it's still company property rather than my own home or property.

I needed to be certain what's allowed and what isn't before I make any changes and take any kind of action. Rather than think I should be OK with what I implement and find out I'd get in trouble for it later. And that is assuming I even can find such a proper surveillance system to even implement.

That's why I also needed to make sure of it's legality. I rather know for certain first and then implement. At least you all are way more honest than the people at my workplace.

Are there any website links and info on this matter regarding these kind of hidden surveillance laws from official Mass government or Mass law websites?

I have only read about the part about the wiretapping laws- "no audio recording of any kind is permitted unless there is clear consent from all parties involved" well something along the lines like that.

I haven't found anything clearly stated regarding hidden video recording, other than certain locations are not permitted because of privacy laws, etc.

I even thought that it might be too expensive to implement such a method, way more than the amount the thief or thieves had stolen from me for such a surveillance system all just to monitor my own locker.

FYI, even if you were able to obtain some kind of proof as to who is responsible, it is not up to you whether they get fired or not. You have no say whatsoever in what, if any, discipline is handed out.

Typically that decision is on HR department. If not, then the Supervisors or Managers.

But then again we all have this whole Labor's Union thing at the hotel which gives all employees a huge layer of protection from job terminations, etc., Thus they can sometimes slip through the cracks and get away with it as long as the Union backs them up even if what they did was wrong.

It's moreso that I would "like" to see the bastard(s) fired/suspended for what they did, but you're right, because there are no guarantees that it will happen since that decision isn't decided by me. And you already said it's Not my job to catch the thief, but I don't know if there is anything clearly written or stated regarding this in company policies documents or in any official government law websites.

Your best bet is not to take any more money to work than necessary (keep any more money than necessary at work).

Most of, if not all of the money I had in my backpack were received at work. They were "tips" given to me by the waiters since I am their assistant there. Usually I empty out all the cash Tips after around a week since I only work there between 3 or 4 days now.

That's something I know I'll have to be more diligent about. I was going to purchase a MBTA monthly pass this month but forgot to with the tips earned, instead I planned to spend them for the following month's MBTA pass instead. Other than that sometimes I have to go out and buy lunch as the food they provide us in the cafeteria is almost always awful and nasty. Again I don't carry or use plastic cards often.

Before you install any kind of surveillance device in your employer's workplace, I suggest you discuss the alleged theft with hotel security.
We have no authority to support, encourage, or promote anything you plot, plan, or devise.
Again, I urge you to discuss your concerns about thievery with hotel security.
I would also urge you NOT to leave money or other valuables in your locker.
You should secure your valuables in your home, or a bank safety deposit box.

I'll report it to my boss first thing first when I return to work tomorrow morning as I've stated in the beginning. I would have talked to security before I left that night but without any kind of proof I don't think there is much they could do. But I think other users here had made things clear it's not 100% legal at least not without clear permission of any kind from the employers and/or the security department themselves somehow first, and cbg said it could get me into trouble and backfire.

I said I'd have to be more diligent about where I can store my tip money. I'm probably going to get a special wallet that can be tracked and monitored and I'd keep it close in proximity to me at work rather than store the money anywhere in my locker in the future. It's a more realistic and possible solution than trying to monitor my own locker frequently with the possibility of getting in trouble assuming even if I could catch the thieves.

Thank you everyone for taking the time to respond and give me advice. Thank you everyone!

 

[txls]

Reporting it may not help you but your employer may appreciate knowing that their is a thief on staff. They might then decide to put in surveillance.

 

[disagreeable]

What is so hard about keeping you money in your pocket and taking it home after work. If you are not smart enough to not lose money to a thief you already knew was there, trying to play Columbo is not going to work out well.