Need legal counsel

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Would really like an honest, educated opinion on what I'm facing here.

A few weeks ago I quit a job at a department store where I was the manager (and only employee) of the cell phone kiosk. I left on a good note, ended on my two weeks, and bid everyone goodbye.

Three days ago I get a call from the police station asking me to be questioned. I declined to come in to the station but asked them what it was regarding. "Your last job. Ring any bells?" I replied no, I have no idea what you are talking about officer. He said he could say nothing further and I said I will say nothing further until I hear more about this. He pressured me to come to the station. I declined and said I had to go. Officer gave me his number and told me to call back at my earliest convenience. I called back a couple hours later after racking my brain on what it could have been.

The store filed a complaint against me because they claim I did something on my last day that was out of protocol to get my wife a phone at a discounted price. The officer was calmer this time and I made a statement of exactly what happened. He told me to just call the AP guy and get it sorted out and then the officer would let me know if they decided to press charges.

So I asked what the charges were and he avoided the question. I called the AP guy and said hey, let's get this sorted out, I think we have a misunderstanding. So apparently this was the problem : during my last week of employment, we threw a sale on several phones and a promotion on trading in old, unused cell phones for a $50 off coupon. This was a very successful sale and I helped a lot of folks out with this sale so I was familiar with it.

A lady came in and traded two phones but only needed to use the one certificate for herself and said I could throw the other one away or use it for myself/family. My wife was up with her contract so I decided to use the coupon that day to sign her up with a phone. I'm an authorized user on our account (duh) so she didn't have to be there for this to happen. The store was dead and I went ahead and rung up the phone to bring it home and surprise her.

The accusation - **THEY SAY** there were no trades that took place on file that day and all they see on camera is me ringing up a phone at $50 off, bagging it, and walking out the door. The coupons that print out expire that same day they are printed. To my knowledge they cannot be generated by themselves...only if someone trades in a phone and completes the transaction.

This was the nuts and bolts of the conversation. I told them over and over there should be a record both on camera and in the file cabinet that these trades took place. They "were looking into it". I called the company that does our trades and their lips are zipped. They won't give me any confirmation that they did or did not receive trades since I am no longer an employee. I have my receipts and everything to prove I bought the phone, but the issue is the coupon. Apparently they are so ticked over a $50 coupon that they are willing to press charges.

Now with that being said - this is all I know so far. what can I do to protect myself should this proceed further? The store contains all the evidence and I don't know the woman's name who traded in those two phones. What kind of charge could they possibly throw my way for a freaking coupon at a store?! If they want the $50 I'll give it to them, for crying out loud. Why would they go to all this work to press charges over a $50 coupon? Or is this just all hot air without a case to prove it? My wife was in the store that day and I consulted with her about a phone but planned on surprising her with it.

This seems so asinine to me and I can't believe I have to put up with this legal garbage almost a month after I left on good terms! I never in my life have had to deal with anything like this and have a completely clean record. Nothing, not even a DUI or seat belt violation. This was seriously not my fault.

Help?
 
Don't talk to them. if they want to file something let them. Small time misdemeanor.
A lot of the time they hope you'll blab and talk your way into something. Don't fall for it.
 
I personally would not want no theft charge on my record. I would get ahold of your company ASAP and see just what they want you to do to remedy this scenario. Getting and paying for a lawyer is going to cost way more than what the phone is worth to you or your wife. Do NOT ignore the police. Show them courtesy & respect and they will more than likely help you out with the store if need be. Just tell the store and police you wanna make everything all right. Once its all over--let it go!!
 
Originally Posted By: rshaw125
Don't talk to them. if they want to file something let them. Small time misdemeanor.
A lot of the time they hope you'll blab and talk your way into something. Don't fall for it.


Like he says. Don't say another word to the police. I can't see this going very far.

The store would have to prove you didn't trade in the phone. You don't have to prove anything. If they have you on video buying the phone they should have this woman on video trading her phones too.
 
A friend of mine was prosecuted for a check that he truly bounced by accident. He even tried numerous times to contact the company and get it cleared up. One day he gets a knock on the door from an officer....

Don't take this lightly. Do contact a lawyer and explain. Get a free consult and at least you can get some info. If the police won't even give you what the charge is, then they are not on your side.

Who did you PO at the store for this to happen.
 
Originally Posted By: Greggy_D
How in the [censored] is this a criminal matter and not a civil matter?


because they will claim OP used there permission too benefit themselves in some way against company policy.

i too would contact someone at the company ASAP too resolve it, be calm and professional, pay them the utmost respect and they will come too terms with you over it. A little kiss [censored] goes a long way with matters like these, even if you are 110% right, still best too make them feel they won in some way, then curse like a sailor once off the phone or there not in earshot.

umless someone there has a grudge against you, its very unlikely they will further the matter over $50.00.

i would NEVER speak too the police without requesting a lawyer 1st. better safe than sorry if things were too go south for some reason.

good luck!
 
His mistake was using the customer's coupon.

Employees are not allowed to use another person's coupon / discount.
 
There used to be a convenience store here that was known for picking on their minimum wage employees. Like "your drawer was $3 short, where's the money, don't make us call the police."

The store's mistake was making it a coupon, not a mail in rebate. They could have disqualified your rebate seeing you had a discounted employee plan, for example.

You need to make sure you followed their policy to the letter, though, as you were in the position of authority to override prices. Keep their employee handbook and loss prevention section in case this comes up. Better stores have sophisticated bar code tracking and IT that keeps peon-level employees from robbing them blind but they usually give managers permission to override.

And do not talk to the police. If they want to make something stick, they'll come find you. You'll always have your day in court to explain it if it goes that far.
 
The only company violations I can see *may* be:

Ringing up family/friends
Making a personal purchase while on the clock

If you were not on the clock,then they have no case against you. If your former company has a policy where you are not to ring up family/friends,then the worse they can do is terminate you. The coupon you used was non a *used* coupon,a repro,fake,or counterfeit,so they can't use coupon fraud against you.

To me it sounds like a sleazy company trying to take advantage of you and exploit you.
 
Originally Posted By: aquariuscsm
The only company violations I can see *may* be:

Ringing up family/friends
Making a personal purchase while on the clock


Plus putting the deal through on the last day when the sale was going on a for a week. I would have told my boss about it to make sure everything was ok first. When you give your two weeks notice they watch you like a hawk. Usually, coupons have fine print that state non-transferable which would not help you. Something does sound fishy.
 
Just got a phone call from the store, they dropped the charges. They found no evidence on the video to contradict what I said. He said they were "just following procedures when a flag like this comes up". Really?

Oh well. Thanks be to God.
 
Good, it probably would have been difficult for the NSA to cough up their copy of the video
smile.gif
 
Originally Posted By: zerosoma
Just got a phone call from the store, they dropped the charges. They found no evidence on the video to contradict what I said. He said they were "just following procedures when a flag like this comes up". Really?

Oh well. Thanks be to God.


That's good. The police force in your town must not have much going on. I cannot imagine them investing any time into a "missing coupon" case.
 
If it were an Officer and not a Detective that tells you right there it's no serious matter or priority. Never talk! May seem like you haven't said anything wrong but your comments may prove elements of the crime such as "knowingly," "willingly," etc...
 
Originally Posted By: zerosoma
Just got a phone call from the store, they dropped the charges. They found no evidence on the video to contradict what I said. He said they were "just following procedures when a flag like this comes up". Really?

Oh well. Thanks be to God.



You had some 4$$ at the store playing with you who was probably ticked off that you quit or hoping to cover some fraud that he himself had done.
 
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