I was a cashier for a local grocer (In RI) for a year. Due to a mishandled transaction by me (in which a co-assistant manager was present for) my till came up just over $100 short. The video was reviewed. It showed that I did make a mistake when ringing out a customer. The tape did not show me stealing any money, it showed me mishandling a transaction causing my till to be short. I was then fired and forced to sign a (blanket)statement of theft and agree to pay back the money or they were going to file criminal charges. I pleaded with them to reword the statement to reflect I made a mistake and was being terminated based on that but they wouldn't. I then revised my handwritten account of the event to reflect I felt forced to sign the theft document because they would not allow me to leave until either I signed or they called the police and pressed charges. I am 40 years old with absolutely no criminal record and did not want to have one now. Was this situation mishandled? Were my rights violated? Do I have to payback money I did not steal? I thought if an employee did not share in the company profits they were not responsible for the losses. I don't argue the fact I should have been terminated. I argue the fact I am treated as a criminal for making a mistake. I have been barred from all their locations.
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Terminated, wrongfully accused of theft.
- Thread Starter JustAnne
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cbg
Super Moderator
Was this situation mishandled? In my opinion, parts of it were and parts of it were not.
Were my rights violated? No.
Do I have to payback money I did not steal? Do you HAVE to? No. Can they sue you for it? Yes. Will they win? I'll let PatriciaYoung handle that.
Were my rights violated? No.
Do I have to payback money I did not steal? Do you HAVE to? No. Can they sue you for it? Yes. Will they win? I'll let PatriciaYoung handle that.
Patricia_Young
New Member
http://www.dlt.ri.gov/ls/faqs.htm
Would they win if they sued? Maybe. However, for $100 they probably wouldn't.
jacksgal
New Member
Have they filed criminal charges? Have you agreed to pay back money or signed anything that states that? Based on your post i saw none of that. However let me direct you to a site filled with experts on retail theft. they should have some answers. the link in my signature line will take you to that site
I was told I either had to sign a statement of theft and agree to pay them back or they would call the police and I would be arrested. I pleaded with them to reword their "blanket" statement to reflect I made a mistake in a transaction and that I would gladly repay when I was financially able.
They told me no, that I would have to sign it as is or they were having me arrested. I could not leave until one or the other happened.
So I revised my personal handwritten statement to reflect that I was pressured into signing the statement of theft when I had in fact stolen nothing.
We all signed both statements.
I am 40 years old and have NO criminal record at all and certainly did not want one of something I did not do.
jacksgal
New Member
Well you can refuse to pay the money and let them file charges. If you do not steal the money and merely made a mistake the Da isnt likely to take case
cbg
Super Moderator
Recommend that you consult with an attorney before signing or taking any other action.
jharris352
New Member
You were not "forced" into signing the paper. If you didn't steal you should not be afraid of them calling the police. Now I don't want to sound unsympathetic, I realize if you have never been in trouble or involved with the law that could be terrifying so I understand. But for you and others similarly situated always remember that you do not have to fear the police or even being arrested. You DO have to fear statements that you make and especially statements that you sign.
If the tape shows that you didn't steal, why would the police arrest you? See what I mean?
In any case, send them a letter rescinding your "deal." Tell them that you only made the deal because they were threatening criminal charges when it was clear that you did nothing criminal. Go down to your local warrant office. Tell them it is possible someone will file for a warrant against you and you want a hearing if they do. They will have you fill out a hearing request and put it on file. If someone asks for a warrant in this situation, you will get a probable cause hearing first.
In the future, NEVER make any statements or sign anything without an attorney. The very thing that you feared (going to jail) could have happened BECAUSE of the statement you signed. This is usually the case.
Good luck. You shouldn't be in that much trouble. Make them sue you if they want to be repaid. In small claims court you will win this suit if you follow my instructions about rescinding the offer.
If the tape shows that you didn't steal, why would the police arrest you? See what I mean?
In any case, send them a letter rescinding your "deal." Tell them that you only made the deal because they were threatening criminal charges when it was clear that you did nothing criminal. Go down to your local warrant office. Tell them it is possible someone will file for a warrant against you and you want a hearing if they do. They will have you fill out a hearing request and put it on file. If someone asks for a warrant in this situation, you will get a probable cause hearing first.
In the future, NEVER make any statements or sign anything without an attorney. The very thing that you feared (going to jail) could have happened BECAUSE of the statement you signed. This is usually the case.
Good luck. You shouldn't be in that much trouble. Make them sue you if they want to be repaid. In small claims court you will win this suit if you follow my instructions about rescinding the offer.
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