Theft

[Guest]

My wife was just recently terminated from her job for theft. There's a loose change box next to the register, and my wife helped a customer pay for the transaction by using a few cents from the box. She was later called into HR for a loss prevention investigation. They showed a video of the transacttion. The company told her that, that constitutes theft. Is it theft if money never left the store, and in fact went into the register?

 

[cbg]

Probably not. But that doesn't mean that the employer is barred from terming her, or even from calling it theft.

 

[Betty3]

It sure doesn't sound like it. However, the employer can still terminate her due to at-will employment. (Can be terminated at any time for any reason except a reason prohibited by law which this isn't.) Sorry.

 

[guamguy]

It sure doesn't sound like it. However, the employer can still terminate her due to at-will employment. (Can be terminated at any time for any reason except a reason prohibited by law which this isn't.) Sorry.

Aloha and thanks for answering my question. Now her former employer also told her she can't apply for unemployment or they will have to bring up the theft is that correct?

 

[cbg]

In a sense. There is nothing stopping her from applying for unemployment, and she should do so. The employer may - not will, but may - contest benefits on the grounds of theft. That does NOT mean that she will be denied unemployment or that the state will agree that she committed theft. The state, NOT the employer, decides if she gets unemployment or not.

 

[army judge]

Aloha and thanks for answering my question. Now her former employer also told her she can't apply for unemployment or they will have to bring up the theft is that correct?

She can apply.
The state will investigate, listen to BOTH parties, and ultimately decide.
So, I suggest you encourage her to apply and let the state decide.

You might also want to discuss this (well, SHE might) with a lawyer.
The initial consultation is free.
If things are EXACTLY as you indicated, a lawyer might assist her.

You don't need to answer, and I'm not asking: I SURE HOPE SHE DIDN'T ADMIT TO OR SIGN ANYTHING THAT STATES SHE ADMITTED TO DOING WHAT HAS BEEN ALLEGED.

Even IF that is true, encourage her to apply for unemployment.

Good luck.

 

[shrinkmaster]

I work in Retail theft (both sides) and I have a question for your wife. The "loose change" box is there for what purpose? Was she told or trained on what this box purpose was and when (if at all) it can be used. True the money never left the store but if that money was designed for another purpose then that purpose suffered a lost and it can be considered theft. So again what was this boxes purpose? Who had authority to use it or decision making powers? Was your wife trained or educated on this box?

 

[Betty3]

Aloha and thanks for answering my question. Now her former employer also told her she can't apply for unemployment or they will have to bring up the theft is that correct?

She should apply for UI (a terminated employee should always apply) - it never hurts. It will be the state's decision. Even if they (the state) deny the UI, the denial can be appealed.

 

[mightymoose]

As described this would not meet any definition of "theft", but certainly could be considered improper procedure or some other form of a petty loss.
It is not likely something that will prevent unemployment benefits.

 

[ElleMD]

I see exactly zero recourse via a lawyer. It is not illegal to terminate for this reason as there is no law which protects employees who do as your wife did.