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Civil Claim from Palmer, Reifler & Associates, P.A

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Deving1234

Junior Member
What is the name of your state (only U.S. law)? California
I previously worked at Toys R Us, and I had a meeting with the Human Resources people accusing me of giving a tablet away willingly to a customer. I had told them at first I didn't remember selling a tablet then later on during the conversation I did recollect the incident. They were interrogating me for about a half hour and wanted me to confess on something that I didn't do, they threatened to bring in a third party like the police I said okay because I didn't willingly give the tablet away and I have no idea who the customer was. I was put on suspension during the investigation and then was called about a week later to go in and I was terminated for lying for when I said I didn't remember selling a tablet. Which I accepted and I moved on. I had asked my boss at the time if it would be on my permanent record, he said no because there wasn't any criminal charges. The cops were never called.

But recently I received a settlement letter from Palmer, Reifler & Associates, P.A stating the following: This Law Firm represents Toys R Us in connection with its civil claim for misappropriation and/or damage of company assets. Our client is requesting both a restitution component, covering the cost of the loss itself, in the amount of $79.99, and a civil penalty component in accordance with common law and Cal Penal Code 490.5 "Theft of retail merchandise; civil liability" in the amount of $350.00. The current balance being requested is $429.99.

The rest of the letter is just about a payment, I did not willingly give anything away or steal any merchandise. What action should I take?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? California
I previously worked at Toys R Us, and I had a meeting with the Human Resources people accusing me of giving a tablet away willingly to a customer. I had told them at first I didn't remember selling a tablet then later on during the conversation I did recollect the incident. They were interrogating me for about a half hour and wanted me to confess on something that I didn't do, they threatened to bring in a third party like the police I said okay because I didn't willingly give the tablet away and I have no idea who the customer was. I was put on suspension during the investigation and then was called about a week later to go in and I was terminated for lying for when I said I didn't remember selling a tablet. Which I accepted and I moved on. I had asked my boss at the time if it would be on my permanent record, he said no because there wasn't any criminal charges. The cops were never called.

But recently I received a settlement letter from Palmer, Reifler & Associates, P.A stating the following: This Law Firm represents Toys R Us in connection with its civil claim for misappropriation and/or damage of company assets. Our client is requesting both a restitution component, covering the cost of the loss itself, in the amount of $79.99, and a civil penalty component in accordance with common law and Cal Penal Code 490.5 "Theft of retail merchandise; civil liability" in the amount of $350.00. The current balance being requested is $429.99.

The rest of the letter is just about a payment, I did not willingly give anything away or steal any merchandise. What action should I take?
How did you unwillingly give away the tablet? What were the circumstances? You can be sued.
 

LdiJ

Senior Member
I had no idea I gave away a tablet until HR actually talked to me. It was 100% human error, I wasn't trying to just give something away.
That would be considered to be an evasive answer in court. You have to be able to explain exactly what happened.

They can sue you if you ignore the letter. If you are innocent and can prove that you are innocent, then nothing will happen.

If you cannot prove that you were innocent...a judge thinks that you were liable even if you didn't do it on purpose, then ignoring the letter may end up costing you more, because you may have to pay their attorney fees as well.

Because you haven't fully explained what happened, we really cannot give you any advice.
 
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Deving1234

Junior Member
Okay, so how would I explain the incident if I didn't scan an item on accident and I didnt have any idea who the customer was. This is really helpful, thanks guys. They were accusing me of "hooking" my friend up but I had no idea who the person was.
 

Deving1234

Junior Member
Well what had happened. they supposedly saw me on video not scan a tablet and that I knew who the person was and just gave it to them willingly. I did just recieve a call from my old boss saying that the letter was an error and I should be receiving another one saying it was wrong.
 

Ohiogal

Queen Bee
That would be considered to be an evasive answer in court. You have to be able to explain exactly what happened.

They can sue you if you ignore the letter.
If you are innocent and can prove that you are innocent, then nothing will happen.

If you cannot prove that you were innocent...a judge thinks that you were liable even if you didn't do it on purpose, then ignoring the letter may end up costing you more, because you may have to pay their attorney fees as well.

Because you haven't fully explained what happened, we really cannot give you any advice.
Actually I disagree with him proving he is innocent. They have to prove that he engaged in wrongdoing -- misappropriation of company property/theft, etcetera. The bolded I agree with.
 

LdiJ

Senior Member
Actually I disagree with him proving he is innocent. They have to prove that he engaged in wrongdoing -- misappropriation of company property/theft, etcetera. The bolded I agree with.
True, the burden of proof is really on them, not him. However, his inability to clearly articulate what happened is not going to help him, if the do sue. However, it does sound like it could possibly be moot at this point, since his former boss said that the letter was wrong and that he would get a new one.
 

Ohiogal

Queen Bee
True, the burden of proof is really on them, not him. However, his inability to clearly articulate what happened is not going to help him, if the do sue. However, it does sound like it could possibly be moot at this point, since his former boss said that the letter was wrong and that he would get a new one.
The new one may be nothing more than changing the amount or due date. but his inability to explain does work against him. For any affirmative defense, the burden is on him.
 

Eekamouse

Senior Member
That's kind of a large chunk of change to just overlook when ringing things up, don't you think? How could you have missed not charging the customer for an $80 item?
 

Deving1234

Junior Member
Well it was a seasonal gig. The tablet was 20 dollars at the time it was the day after black friday so I had rung up a million customers. I know it was a silly move but completely unintentional
 

swalsh411

Senior Member
Ok. I believe you. Mistakes happen. An error during the course of employment that is not a result of a fraud attempt is generally not something you would be liable for. As satisfying as it might be to tell them to "go to hell", I wouldn't respond to the letter. I don't see them having a strong case.
 

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