aprilchoctaw
New Member
Okay this is going to be a long winded one but anyone with the patience to read it please HELP lol.
Alright My fiance started working for a Department Store on the 20th of May after completing and passing just 3 days of computerized training. Around 3 weeks into his employment his manager tells him as a cashier he needs to open more accounts as he sees that he hasn't been doing such a good job. My fiance agrees so the manager trains him in this regard and stands with him watching his interaction with the customers to ensure he has taken on his advise. Once pleased with the results he leaves him to carry on.
Two-weeks later (5 weeks into his employment now) he goes to clock out at the end of his work day and was asked to come into the office. He was greeted by security (head of security to be exact) and another unnamed person who he has no idea about their title, and they said we called you in because we here at (name withheld) like to get to know our employees individually, and they spoke briefly about changes in the store ect. Within the convo the security officer asks him "do you really know what you're in here for"? My fiance says no and they keep asking so he keeps saying no. Then they say we have u on video stealing, he said no you dont cause i haven't stolen anything and laughed so they said yes we do and he just argued that he never stole anything.
Here's the point and where i ask for advise,
He said what have I stolen?
They said you rang up transactions wrong on purpose for your family and friends: (note: he just moved here and has no family here or friends)...
So they brought up an example of a transaction he rang in wrong he said yes i remember that...
He says " The items on clearance have no scan codes so...I called the manager who was out to lunch, i went to a senior staff member and asked them what to do as i had a few people waiting in line...she said get another shirt similar to it for the same price and ring it in since you cant type the price in manually". So thats what I did, I didn't steal anything i rang up the shirt put the other back and that was it.
They considered this stealing since the shirt the customer wanted wasnt scanned and the other was so they said
"we've been watching you do this at least 5 times since youve been here and now youre gonna have to pay restitution for the inventory mix-up, if you dont sign an agreement to this you will go to jail for theft. My fiance never having been to jail agreed and signed and apologized. Immediately they called the police and arrested him for petty larceny.
My questions are these:
Isn't that false accusation since he didn't steal products or services?
Wouldn't this be considered bad training as he followed the proto call in asking senior staff as he was still under probation, and they directed him wrongly?
As the company said that they'd saw him do it time and time again, shouldn't they have given him a verbal or corrected him as he was doing something incorrectly instead of adding it all up firing him and arresting him?
Is this defamation? What can we do legally in these regards?
Also he was arrested, not read his miranda rights and when he went to pre-trail he wasn't interviewed by his attorney that was appointed for him!
Alright My fiance started working for a Department Store on the 20th of May after completing and passing just 3 days of computerized training. Around 3 weeks into his employment his manager tells him as a cashier he needs to open more accounts as he sees that he hasn't been doing such a good job. My fiance agrees so the manager trains him in this regard and stands with him watching his interaction with the customers to ensure he has taken on his advise. Once pleased with the results he leaves him to carry on.
Two-weeks later (5 weeks into his employment now) he goes to clock out at the end of his work day and was asked to come into the office. He was greeted by security (head of security to be exact) and another unnamed person who he has no idea about their title, and they said we called you in because we here at (name withheld) like to get to know our employees individually, and they spoke briefly about changes in the store ect. Within the convo the security officer asks him "do you really know what you're in here for"? My fiance says no and they keep asking so he keeps saying no. Then they say we have u on video stealing, he said no you dont cause i haven't stolen anything and laughed so they said yes we do and he just argued that he never stole anything.
Here's the point and where i ask for advise,
He said what have I stolen?
They said you rang up transactions wrong on purpose for your family and friends: (note: he just moved here and has no family here or friends)...
So they brought up an example of a transaction he rang in wrong he said yes i remember that...
He says " The items on clearance have no scan codes so...I called the manager who was out to lunch, i went to a senior staff member and asked them what to do as i had a few people waiting in line...she said get another shirt similar to it for the same price and ring it in since you cant type the price in manually". So thats what I did, I didn't steal anything i rang up the shirt put the other back and that was it.
They considered this stealing since the shirt the customer wanted wasnt scanned and the other was so they said
"we've been watching you do this at least 5 times since youve been here and now youre gonna have to pay restitution for the inventory mix-up, if you dont sign an agreement to this you will go to jail for theft. My fiance never having been to jail agreed and signed and apologized. Immediately they called the police and arrested him for petty larceny.
My questions are these:
Isn't that false accusation since he didn't steal products or services?
Wouldn't this be considered bad training as he followed the proto call in asking senior staff as he was still under probation, and they directed him wrongly?
As the company said that they'd saw him do it time and time again, shouldn't they have given him a verbal or corrected him as he was doing something incorrectly instead of adding it all up firing him and arresting him?
Is this defamation? What can we do legally in these regards?
Also he was arrested, not read his miranda rights and when he went to pre-trail he wasn't interviewed by his attorney that was appointed for him!
