• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can Shopko do that?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
N

nightfox

Guest
What is the name of your state? Utah

My wife returned two phones that she had purchased at Shopko. They gave her more money back than what she paid for the phones. Just today we were notified that Shopko is pressing criminal charges. My wife had no idea that not telling the cashier she had made a mistake, would lead to this. Can Shopko get away with this? What should we do?
 


I AM ALWAYS LIABLE

Senior Member
nightfox said:
What is the name of your state? Utah

My wife returned two phones that she had purchased at Shopko. They gave her more money back than what she paid for the phones. Just today we were notified that Shopko is pressing criminal charges. My wife had no idea that not telling the cashier she had made a mistake, would lead to this. Can Shopko get away with this? What should we do?

My response:

This is definately not the whole story. What happened between the time that the phones were returned, and before criminal charges were threatened. There had to be other communications, and other allegations, BEFORE the store started making threats.

So, what gives?

IAAL
 
N

nightfox

Guest
reply

After returning the phones, Shopko called her in to question her about the incident. They had a corporate interigator talk to her and try to get her to confess that she had planned the whole thing out. They told her it looked bad that we had returned two phones.

They told her there might be a chance that if she wrote a letter explaining that she was sorry to Shopko Corp. that they might drop the charges. They had her in tears at the time, so she was emotionally weak. She ended up writing the letter apologizing for a temporary lap in judgement.

About a week after that, a police officer called and notified her that Shopko was pressing charges.

As a graduating college student, my wife is very worried that the charges will ruin her chances of getting a job with Child Protective Services and other govt and none govt. jobs.

How likely is it that she can get a misdemeanor diversion?

In the meantime that we wait to see if the charges will be accepted by the judge, should we get an attorney?
 

stephenk

Senior Member
was there a question concerning if your wife had purchased the phones legitimately or did the questioning have to do with your wife receiving the wrong amount of money?

did you wife know she received more money than was due to her?

there is still something missing from the story your wife told you about this incident.
 

I AM ALWAYS LIABLE

Senior Member
My response:

To answer your initial question, "Can Shopko get away with this", the answer is clear - - yes. But, they're not "getting away" with anything; rather, that was what your wife thought SHE could do. Plain and simple, your wife is a thief.

Diversion? Better hope so. Conviction? More than likely. Job with CPS? She can forget it. Get an attorney? That would be the smartest thing she ever decided to do.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:



was there a question concerning if your wife had purchased the phones legitimately or did the questioning have to do with your wife receiving the wrong amount of money?

did you wife know she received more money than was due to her?

=========================================

My response:

Stephen, the answers to your questions, to me, are clear. Our writer said about his wife - -

"They gave her more money back than what she paid for the phones. . . . My wife had no idea that not telling the cashier she had made a mistake, would lead to this."

It was all about an overpayment in the refund.

IAAL
 
N

nightfox

Guest
Reply

The questioning had to do with my wife receiving the wrong amount of money?
The phones were purchased on clearance, but when we returned them their price came up as the Original price for the phones.

She didn't have her receipt for the purchases, so they gave her in-store credit on a gift card.

My wife did know that she got more money back, but didn't say anything about it. She just thought of it as their mistake, and she planned on purchasing different phones from Shopko with the gift card. She just wanted to get phones that had answering machines.
 
only problem is that your wife made a statment against interest that is not admissible evidence of her guilt.

she needs to contact a lawyer and put forth a very compelling "coercion" agument. I remember reading a case almost exactly like this one... a shopgirl in NYC in the 1940's was put in an office with her male supervisor and was not allowed to leave and was forced to write a confession. She successfully sued for false imprisonment in that they wouldn't let her leave or call her husband.
 

stephenk

Senior Member
Just what we need, a dishonest child protective services employee.

did you know your wife was going to the store for "questioning"? If yes, why didnt you go with her?

had she tried to use the gift cards before the store contacted her?
 
N

nightfox

Guest
Wife's Full Statement

Wife's Full Statement:

I purchased a phone from Shopko and upon realizing it did not have an answering machine, I took it back. I returned the phone to the Provo store because it is closer to my house and we were in the vicinity. My intent was to exchange the phone for another phone (one with an answering machine). When I did not see a phone that I liked, I decided to return the phone and wait until later to purchase another one. I lost my receipt so the employee put the money on in-store credit. As I was leaving, I looked at the receipt and noticed that she had put too much money on the gift card. I realize that I should have gone back and told the clerk that I didn't pay that much but instead I just went home.

Later, while shopping in the Orem Shopko before my shift began (I work at Shopko), I saw another one of the clearance phones and thought it would be a good Christmas gift for my sister next year and I bought it. I figured she wouldn't need an answering machine because she had voice mail. A few days later, after talking with my sister, I realized she did not have voice mail anymore and was using an answering machine. Realizing the phone probably was not what she wanted, I asked my husband to return it when he dropped me off at work. I had no worries about the return price because I had bought the phone in Orem. Therefore, it should return at the lowest sale price. Unfortunately, I was wrong and for some reason, the phone did not return at the right price there either. However, I did not know this because my husband returned the phone, and he did not know how much I paid for the phone.

My husband had plans of purchasing an XBOX, so he used the gift cards he had. Currently, there is still a balance left on the cards that hasn't been used.

Weeks later a corporate investigator interrogated me at work. He accused me of various things and questioned me about dishonest deeds (which I did not do). When he was finished I was tearful and afraid. He said that I should write an apology letter to Shopko and let them know that I would pay back the money that I received. I decided to write the letter because I was indeed very sorry. I am now told that that letter was given to police as a “statement” from me. I was informed that I was suspended from work and that I would be notified by my manager concerning criminal charges and job status.

The corporate investigator said he would recommend that no charges be filed and the Loss Prevention Officer at Shopko told me he was going to write a letter to corporate telling them that I am a good person and that he doesn’t think charges are necessary.

I later called Shopko and my manager informed me that I was being terminated and that no further action would be taken (“we are not going to pursue anything else”).

A couple of days later I received a call from a Provo police officer informing me that he was sending a report to a prosecutor and that I may be receiving a supoena to appear in court.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay. This "new and improved" set of facts helps you in what way? What was your point in writing all of that? To me, nothing has changed. Your wife is a thief - - and from the "hand that feeds her" no less!

Take your lumps like an adult.

IAAL
 

kat1963

Senior Member
Buying items on clearance & then returning to a different store without a receipt is a scam that has been going on for YEARS. It’s just another from of theft that we all end paying for. The merchants aren’t going to take it any longer. That is why Target makes you have a receipt & Walmart actually limits the dollar amount of your yearly returns. I guess now they are pressing criminal charges. GOOD!

I don’t believe this drivel for a second. Your wives story is typical. You wanted the XBOX and your wife figured she could scam her way into getting it for you cheaper. Chances are the store went back thru the records & this isn’t the first time your wife or yourself have done a scam returns.

If I SEE IT, don’t hesitate to think that a judge won’t SEE IT either.

I'm sick of paying for theft. As IAAL said, "Take your lumps like an adult".

KAT
 
Crazyhorse said:
only problem is that your wife made a statment against interest that is not admissible evidence of her guilt.
Sorry that should read IS ADMISSIBLE. Dang outlines have my brain turning to mush.
 

stephenk

Senior Member
Amazing that you didnt think to mention your wife worked at Shopko and that she was not just a customer but had been questioned as an employee.
 
N

nightfox

Guest
I thank all of you for your comments. I was interested in how others would view the situation.

By the way kat1963, get off your sugar high. If you would have read more closely you would have noticed that the items were returned to the same store they were purchased at.

And there is NO previous attempt or evidence toward pulling a "scam" like so many of you think. Shopko was just trying to see if she knew anything about or took part in "slipage" that normally takes place.

There was no intent of fraud what so ever. She just assumed it was the cashier's fault not hers, and that was that. Most of the money that was credited to a gift card wasn't even used. Most people that have intent to steal would have used up the gift card as soon as they got the money.

I admit that it was a mistake on my wife's part not to take the moral obligation to tell the cashier of her error. However, that said, I think it was more a lack of knowledge toward the law that actually is the problem.

My wife is a good person and has always been a trustworthy person. People make mistakes on occasion. I just think that Shopko pushed a little hard to get charges against my wife.

The person in Loss Prevention and the Investigator agree that Shopko shouldn't have pressed charges based on the available evidence. I think that Shopko should have lightened up. They got their money back plus some.

Again thank you for your responses, whether for or against.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top