Shoplifting, Larceny, Robbery, Theft Employee Theft HELP! Question(s) - CO

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john_kee

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State: Colorado.

Hi,

I was recently let go from my job for arguing with my manager, and with previous write-ups, the company decided to let me go. No biggie for me, I didn't really like the job anyway.

So here's the story. There was an on-going investigation (about 2 days) with employee theft. While getting lectured for my disagreement with my manager the investigation was brought up to me. They asked my if I knew anything about the theft (which I did). I sat in a room with two managers and wrote down a statement of what I knew about the theft. I personally did not steal anything, I didn't help anybody, or actually see anybody take things. Just heard about it through talk. They company took my statement that day, then fired me.

Recently I got a call from my manager asking me to come back into work and talk to them again. He said something else had come up and for me to not be surprised if police come knocking on my door. This was six days after I was fired for unrelated reasons. As I see it, I gave my work my statement and what I know. I don't see any reason why I should go talk to them again. They've already got the police investigating it as well.

Am I in the right for not going back and talking to them? I expect to talk to the police if they want me to.

Also, the company wants to charge everybody and anybody that was involved with the theft and knew about it and didn't say anything as one. They are even trying to link employee theft from other stores to the store I worked at. Saying they are going to add up all the theft from each store in Colorado. Saying it's conspiracy and organized crime.

I know they can fire people for not following the company theft policy. Can they charge people (like me) who didn't steal anything, but knew about it?

Now I know the people that stole at my store acted alone and did their own thing. Can they add up theft from stores across a state and charge everyone?

What type of evidence does the company have to provide? Because I know they don't have enough to be charging some people with $10,000+ worth of theft. The security sucked, and there was very little security camera coverage. They only have a few photos/videos of thing's that happened in the last few weeks. And not a whole lot showing the merchandise actually leaving the store.

How will the police most likely handle this?

Thanks,
John K.

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Little Update...Kind of a review.

My store manager called me on Tuesday saying I was terminated and that he ordered my last check. He told me he would call me back when it had come in so I could pick it up.

I got a call from him on Thursday. This time he was asking me to come back in a talk to him and Regional LP. I told him NO, because I was already terminated for unrelated issues and that I would talk to the police and detective.

So I didn't receive a call from him about my check. I went into work Friday to pick up my check (we get paid ever Friday for the previous week) from the previous week I worked. I went to sign the payroll paper, but my check wasn't in the payroll binder/folder. The store manager told me to go back to the office, I thought they might be holding it back there.

When I got back there the Store Manager and Regional LP tried to pull me in the office to talk. I told them I was just here to get my check. I also said I would talk to a detective and that I don't have anything else to say to them.

They kept trying to sit me down and said they had me on tape now. I asked to see the tape, but as they were about to show me. The Regional LP said no and said they didn't have to show me anything. She said I was being uncooperative and disrespectful. She also said she was going to charge me with conspiracy, theft, false statement, and like two other things.

This whole time I was telling them I would talk to a detective about it and I kept asking for my check. About 5-7 min later, after all their BS. I was told my last check was mailed out to me.


TL: DR,
I told them I don't want to talk to them and that I'll talk to the detective. They kept trying to pull me in to talk, basically harassing me for information.


-John K.
 
Never admit to anything.

No one can probe your mind.

Talking to the police can only make more trouble for you.

Writing statements is never smart.

Those written statements could end up implicating you.

Going forward, politely decline to speak about any of this.

Knowing about a crime and failing to report that crime, could make you a criminal defendant.

If the police want to speak to you, politely decline and say thus, "I wish to use my constitutional right to remain silent. I don't know anything about anything. I formally invoke my constitutional right to silence."

They'll keep trying, you need to keep saying, "I invoke!"

If they charge you, plead not guilty and shut up. Ask for a lawyer, if you can't afford one on your own."

Talking never helps you.

Talking only helps them convict you.
 
You have no legal obligation to talk to them even if they make threats or promises of criminal charges. They very likely have a case built but want to seal the deal with a confession. The only reason they have to talk to you is to get that statement and confession. Wether you did this or not it is not in your best interest to talk to them. My husband has done this for a living and the main purpose of this interview is to get that written statement and confession. Once again they cannot force you to talk even if the imply that. Just get your check and go
 
They asked my if I knew anything about the theft (which I did).

If I was your employer and you admitted to me that you had knowledge someone was stealing from me, even if you were not personally involved, and you had failed to inform me of it, I would fire you too.

Recently I got a call from my manager asking me to come back into work and talk to them again....I don't see any reason why I should go talk to them again...... Am I in the right for not going back and talking to them?

You have no obligation to speak to them.

I expect to talk to the police if they want me to.

I suggest you do not do that. Talking to the police will not help you in any way, even if you are not involved. They already have the written statement you made to your employer.

Can they charge people (like me) who didn't steal anything, but knew about it?

It really depends on the circumstances. Yes, they could possibly charge you with conspiracy/aiding/abetting or something of the sort, depending on the information they have, but it would be up to a jury to weigh the truth of it all.

Because I know they don't have enough to be charging some people with $10,000+ worth of theft.

You don't know what evidence they have.

She also said she was going to charge me with conspiracy, theft, false statement, and like two other things.

The LP manager of the store does not file charges against anyone for anything, the District Attorney does that. They are trying to taunt you into cooperating with them, and you are well within your rights to refuse. You are no longer their employee... who cares if they feel you are uncooperative or disrespectful? You have no obligation to them anymore.
 
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