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Suspended for using employee discount

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henry777

Junior Member
Greetings everyone.

I was a bestbuy employee. I have worked there for over a year and have always been the highest seller in the precinct of my store. I was always on time and have been an excellent employee since the start.
I had a small side business and i sometimes bought stuff using my employee discount and then resold it online. I Never stole an item and have always paid for every single item i have obtained. The manager called me over and confronted me about the policy. Stated that it was against store policy and am being placed on suspension and was told that I must pay back the difference (Original price - employee price) for all the item that weren't for personal use. They just showed me 4 subcategories of items and told me that I owed around 30k. My question is, what do i do?
They told me a third party collection agency would contact me to negotiate payment but I am wondering if I do have to pay it? I paid for everything fairly and i was researching online and found that items that I pay, i can do whatever I want. I know its against store policy but is it mandatory to pay back? Thank you.
 


justalayman

Senior Member
If the store policy clearly states the discount is for personally use, then that’s what it is. Depending on the stated policy you may or may not be obligated to repay the difference. Depending on how the policy is written, it could even rise to the level of a criminal act.



Your statement of being a good employee and being on time are meaningless. It’s not like you deserve special treatment for doing what’s expected of you.

I paid for everything fairly and i was researching online and found that items that I pay, i can do whatever I want
Not true. To receive the discounted price you are bound to the terms Best Buy imposes upon you in exchange for selling to you at a discounted price. If you want all the rights that come with an unconditional sale, you can pay retail price and you’ll be entitled to that.
 

PayrollHRGuy

Senior Member
They may be able to talk a prosecutor into charging you with theft. I don't think so, but it is possible. You will probably be fired even if you pay them the amount they are asking for and you will certainly be fired if you don't. If they can come after you in civil court for the 30K is going to depend on a lot factors.
 

adjusterjack

Senior Member
what do i do?
Whatever you think is best.

They told me a third party collection agency would contact me to negotiate payment but I am wondering if I do have to pay it? I paid for everything fairly and i was researching online and found that items that I pay, i can do whatever I want. I know its against store policy but is it mandatory to pay back?
I don't see how the store can make you pay anything without suing you and getting a judgment. "Store policy" is not likely to be construed as a contract by any court so it's unlikely that the store would win a judgment.

You can certainly be fired for refusing to pay it back but I think that's the only power that your employer has over you. That, plus violating store policy could be construed as misconduct and disqualify you for unemployment compensation.

You're going to have to decide if paying $30,000 is worth keeping your job.
 

justalayman

Senior Member
Whatever you think is best.



I don't see how the store can make you pay anything without suing you and getting a judgment. "Store policy" is not likely to be construed as a contract by any court so it's unlikely that the store would win a judgment.

You can certainly be fired for refusing to pay it back but I think that's the only power that your employer has over you. That, plus violating store policy could be construed as misconduct and disqualify you for unemployment compensation.

You're going to have to decide if paying $30,000 is worth keeping your job.
I wonder how gm’s Lawsuit for about half a million dollars against employees that abused the gm employee purchase plan program in 2008 turned out.

Or the lawsuit by GM against Richard Bobo in 2011 for about $40k for abusing his employee purchase program.


You are misunderstanding this. Whether you believe it is a contract or not, it is an offer of a discount if the employee complies with the rules imposed by Best Buy. If you do not abide by the terms of the offer, you are not entitled to it. Lying to obtain the discount is fraud.

And it can rise to the level of a crime. The store sets the prices. The store sets the terms for discounts. An employee committing fraud resulting in receiving a discounted price is criminal. What makes this situation so egregious is that op profited from the goodwill discount offered by Best Buy.

Yes, they have a valid right to fire “for cause”
They probably have a right to demand recompense (but that will be based on the terms of the discount policy)
Yes, it could even rise to the level of a crime (again, based on the terms of the policy)
 
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HRZ

Senior Member
Has them

I am inclined to think that BB which has had employee discounts for years has them in form of a contract as to the terms of sale ...and to engage in resale is likely a breech of contract along with grounds for discharge for cause . Whether it is something local DA can be convinced to address as a criminal matter is beyond my crystal ball.

The contract repayment may be much more aggressive than mere spread in retail vs employee price. ..read it to be sure ...

yours wasn't a one time gift for a friend wo benefit of bloodline or marriage charged on non employee CC.
 

LdiJ

Senior Member
Since some people here have suggested that a potential crime has been committed I suggest that you post nothing further on this forum, discuss this matter with no one further, and get a consult with a local criminal defense attorney.
 

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