Shoplifting, Larceny, Robbery, Theft So, I have a co-worker who was bascially caught stealing...

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CivilWarVeteran

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about 2 months ago, in October 2009. This happened in the State of Florida and the police were not involved. She stole an item that is worth $30. The problem was that she took the item and then tried to pay for it the next day. Her reasoning? She needed the item but didn't have the money to pay for it then. She figured it would be ok to take the item and then pay it when she got paid. She took it on a Thursday and we were going to get paid Friday.

No one even knew she took the item until she came back the next day (Friday) to try to pay for it. That's when it all went downhill for her. The store manager contacted LP about what to do, and they had to wait until the next day. On Saturday, they took her into the office and she talked to LP for quite a while discussing what had happened. The regional LP manager (I guess RLPM for short) had her fill out a form stating what she did. The RLPM had the MOD send her back to the sales floor and then like 3 hours later, they terminated her for theft.

A few nights ago, she sent me this message:

I applied to [Store Name Deleted], randomly, a few weeks back..and just got a letter from them in the mail saying they'd denied me during pre employment, doing a background check... because something came up for [Deleted Store Name]! "Theft of Merchandise" is now on my criminal background check! ! ! ! ! ! ! ! ! ! !
[Expletive] LP GUARANTEED me that the information we were talking about, "theft", was strictly in-company confidential, and would not effect my getting another job! They [Expletive] lied, and now theft is going to come up any time I try to get a job and they do a background check!
This is SERIOUS! Almost every job does a background check! I don't even know what the [Expletive] to do or say or think right now........
!!!!!!!!!


Now, I know what she did was pretty stupid. Personally, I would not have done it. At this place that I work at, I am a regular associate, but I also do some shrink stuff. I would rather not post a description of it, because it could be giveaway as to where I work, I think. Anyhow, I have a few questions about her situation:



1. I know that some companies file civil demands in rounds, so I am assuming that most major companies file them. The item was paid for, eventually, so are her chances of getting a civil demand high?

2. She wrote a statement to LP about what happened and she signed it. She mentioned that the RLPM basically told her verbatim what to write, but the form on the bottom said to only sign if it was her own account of what happened and that no one told her what to write. She said she signed it because she was scared and lost. I know you should never sign documents like that unless you have an attorney present, but is this legal?

3. If true that the RLPM guaranteed her that the information they spoke about was strictly confidential and only in-company (which I assume is a company policy), will this hold ANY water at all in the event it goes to court?

4. Criminal background check? I am assuming they put her into the Retail Theft Database, but is there any way she can have that removed? Yes, I know she is a criminal for stealing, but can it still be on her criminal record even if the police was not involved?


Thanks in advance and sorry for such a long post. I'm just very curious about her situation. I've been reading posts from this site and I find them to be informative and interesting.

- CVW
 
1. I know that some companies file civil demands in rounds, so I am assuming that most major companies file them. The item was paid for, eventually, so are her chances of getting a civil demand high?
Civil Demand is rarely sough ton internal theft. However they can choose to seek it. Does not matter item was paid for later. If she chooses to she can certainly fight the Civil Demand but that might cost more than the civil demand itself

2. She wrote a statement to LP about what happened and she signed it. She mentioned that the RLPM basically told her verbatim what to write, but the form on the bottom said to only sign if it was her own account of what happened and that no one told her what to write. She said she signed it because she was scared and lost. I know you should never sign documents like that unless you have an attorney present, but is this legal?
She was not forced to sign it yes its legal

3. If true that the RLPM guaranteed her that the information they spoke about was strictly confidential and only in-company (which I assume is a company policy), will this hold ANY water at all in the event it goes to court?
I will guess this compnay is subscriber to retail theft database. This means names of those who have stolen are automatically inputted into this database. Only other subscribers have access to those names.

4. Criminal background check? I am assuming they put her into the Retail Theft Database, but is there any way she can have that removed? Yes, I know she is a criminal for stealing, but can it still be on her criminal record even if the police was not involved?
She is only a crimnal if convicted in a court of law. In general her name will fall off list in about 7 years. She shoud look for work with either a company who is not a subscriber or a job outside of retail
 
Thanks man! I appreciate your answer. Since I found this board, I've been lurking and reading people's posts. I find them interesting. Thanks for having this board set up!
 
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