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Wrongfully Accused and punished

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dnice8705

Junior Member
NORTH CAROLINA
I work at a big name shoe store and this past saturday while on my shift:
1) A man approached me and asked me "Hey, I'll give you some money if you help me steal some shoes" my response was consecutively three nos.
2)After telling him no i felt uncomfortable I began to help another customer in order to find a reason to go into the stock room, while going to the stock room, I noticed another associate bringing shoes to the potential thief.
3)In the stock room I informed my manager that theft could possibly taking place and i told him about the offer the theft proposed.
4)We walked out the stock room as I attempted to point the theft out. The theft had already left by the time we appeared out of the stock room.
5) I asked the associate who took shoes out of the stockroom to the suspect if he had replaced the shoes that he had retrieved for the suspect and the associates reply was NO.
6) I informed my managers that theft had occured
7)several hours later at the end of the night the Head/Store manager questioned me and told me he had talked to the associate that brought the shoes out. After I explained the story to the manager, he told me it seemed as though I had something to do with the theft, but since he had no evidence, he would not punish me or take any action.
8) I assumed the situation was resolved
9) Arriving to work Thrusday May12, I looked at my work schedule and my hours had been "X"ed out for friday and saturday. I asked a manager why my hours had been taken and they told me
10) it was to send a message that even if i didnt still the shoes, since I dont like my hours being taken, I wouldnt think about stealing the shoes.
11) At first this seemed reasonable, but when I looked at the schedule again i noticed the associate that brought the shoes to be stolen had no action taken against him, I told a manager but my hours still remain terminated. What legal options do I have?
 
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Beth3

Senior Member
What legal options do I have? None. It is not unlawful for your employer to make the wrong assumption about your participation in the theft.

What I don't understand is why you didn't tell a manager immediately when this customer approached you about stealing shoes. Perhaps that's what your managers are wondering as well.
 

dnice8705

Junior Member
Re Evaluate My Situation

Beth3 said:
It is not unlawful for your employer to make the wrong assumption about your participation in the theft.


I believe it is if I am punished due to what he only "heard" from the employee that left the shoe on the floor. And I believe it was wrong that the associate that left the shoe was not punished.

Beth3 said:
What I don't understand is why you didn't tell a manager immediately when this customer approached you about stealing shoes. Perhaps that's what your managers are wondering as well.
A manager was informed within 2 minutes of the thief approaching me. And the only reason it took that long is because of two very reasonable reasons:
1) There were NO no managers on the sales floor, thus I had to walk to the stock room and find a manager to tell.
2) I did not know the theft nor was I sure if he had any other criminal intentions such as assault and/or murder. While i believe it is my responsibility as an associate to avoid theft, I dont think my own personal well being should be sacrificed in doing so. And by that i mean, I dont think I should have been shouting in front of the thief, "Manager, Manager, this guy is stealing!" or anything similar to that.

Beth3 said:
What legal options do I have? None.
Are you saying that its lawfully ok for my employer to take action against me from an accusation that cant be proven, and not punish EVERY employee that was involved in the dissappearance of the merchandise? I dont think he can do that for several reasons. And by him accusing me and attempting to humiliate me in front of other associates, is that not slander or defamation of my integrity and character?

Finally, after posting last night I went over my employee handbook, and discovered that I, though unknowingly, followed the proper procedures to handle the situation...Why am I being punished?

What is your take now BETH3, by the way thanks for replying.
 
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Beth3

Senior Member
I believe it is if I am punished due to what he only "heard" from the employee that left the shoe on the floor. Probably a correct assumption.

And I believe it was wrong that the associate that left the shoe was not punished. I don't disagree - but it's irrelevant.

A manager was informed within 2 minutes of the thief approaching me. And the only reason it took that long is because of two very reasonable reasons:
1) There were NO no managers on the sales floor, thus I had to walk to the stock room and find a manager to tell.
2) I did not know the theft nor was I sure if he had any other criminal intentions such as assault and/or murder. While i believe it is my responsibility as an associate to avoid theft, I dont think my own personal well being should be sacrificed in doing so. And by that i mean, I dont think I should have been shouting in front of the thief, "Manager, Manager, this guy is stealing!" or anything similar to that.
Okay.

Are you saying that its lawfully ok for my employer to take action against me from an accusation that cant be proven, and not punish EVERY employee that was involved in the dissappearance of the merchandise? Yes.

I dont think he can do that for several reasons. You'd be wrong.

And by him accusing me and attempting to humiliate me in front of other associates, is that not slander or defamation of my integrity and character? No. He may be completely mistaken in his assumptions but that is not slander or defamation.

Finally, after posting last night I went over my employee handbook, and discovered that I, though unknowingly, followed the proper procedures to handle the situation...Why am I being punished? I don't know.

You may well have gotten a very bad deal here but your employer has not acted unlawfully. Your employer gets to exercise their judgement in these matters even if their thought process is totally flawed.
 

dnice8705

Junior Member
Thanks again :) looks like i just lose even though i did the right thing, maybe I'll just go work somewhere else. I thought for sure there was something i could do. Thanks again Beth3 you REALLY helped. Do you think i should call the district manager still?
 

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