accidentally took vape pen into property, work security confiscated it refusing to give it back and kicking me out of the property

[FreshlyFishedBread]

Hello I'm in Texas, I just got a job at six flags and I was in a rush and when at a self storage with me and my sisters stuff I accidentally packed her vape pen with my chargers.

When I got to security to get into work they scanned my bag and caught it, when they did they confiscated it and kicked me out but refused to give it back.

I understand taking it or not letting me in, what I don't understand is taking it and not letting me in. My sisters or not, vapes aren't cheap and we don't have a lot of money so I'm pretty peeved that something my sister just got was taken.

This simply feels like straight up workplace theft, it's was nothing illegal and I wasn't trying to use it on property.

 

[cbg]

Thank you for sharing your story. When you have a legal question, be sure to let us know.

 

[stealth2]

Hello I'm in Texas, I just got a job at six flags and I was in a rush and when at a self storage with me and my sisters stuff I accidentally packed her vape pen with my chargers.

When I got to security to get into work they scanned my bag and caught it, when they did they confiscated it and kicked me out but refused to give it back.

I understand taking it or not letting me in, what I don't understand is taking it and not letting me in. My sisters or not, vapes aren't cheap and we don't have a lot of money so I'm pretty peeved that something my sister just got was taken.

This simply feels like straight up workplace theft, it's was nothing illegal and I wasn't trying to use it on property.

How old are you? (yes, it matters)

 

[AlmostThere]

What does your employee handbook/employment contact say about bringing vapes into the park?

 

[stealth2]

What does your employee handbook/employment contact say about bringing vapes into the park?

It may only address smoking/vaping in designated areas only. Unlike other Six Flags (SF Great Adventure, for example, allows no smoking at all in the park), Six Flags Over Texas allows smoking/vaping in designated areas. BUT in TX, it is illegal to possess, use, etc. vapes (and cigarettes, etc.) under the age of 21. As such, I'd bet Security is allowed to keep such contraband.

ETA: Assuming that @FreshlyFishedBread is <21.

 

[AlmostThere]

It may only address smoking/vaping in designated areas only. Unlike other Six Flags (SF Great Adventure, for example, allows no smoking at all in the park), Six Flags Over Texas allows smoking/vaping in designated areas. BUT in TX, it is illegal to possess, use, etc. vapes (and cigarettes, etc.) under the age of 21. As such, I'd bet Security is allowed to keep such contraband.

ETA: Assuming that @FreshlyFishedBread is <21.

The policy I see online is for customers; the policy may be different or stricter for employees. The OP may be facing a write-up at work.

 

[stealth2]

The policy I see online is for customers; the policy may be different or stricter for employees. The OP may be facing a write-up at work.

True. When my eldest worked at SFGA, the smoking policy for employees was the same as for guests.

 

[Taxing Matters]

If vape pens are legal in Texas and the only issue here is your age, then the employer may be ok not handing the pen back to you since doing so may be treated under Texas law as aiding you in violating the under 21 possession statute. But it also can't just keep your property. You should be able to arrange to have a relative 21+ pick it up from security. If the issue is something else, I'd need more information as to why the park is refusing to return it.

 

[FreshlyFishedBread]

How old are you? (yes, it matters)

21

 

[quincy]

21

Are you still employed by Six Flags?

Has your sister tried to retrieve the vape pen from security?

 

[FreshlyFishedBread]

Are you still employed by Six Flags?

Has your sister tried to retrieve the vape pen from security?

At least up until I have a little chat with HR
And no actually

 

[quincy]

At least up until I have a little chat with HR
And no actually

Thank you for answering my questions.

When you have your chat with HR, I suggest you rein in any anger you might feel and I recommend you do not accuse anyone of workplace theft. Instead, I suggest you say in your meeting with HR only the following of what you said to us in your first post:

I was in a rush and when at a self storage with me and my sisters stuff I accidentally packed her vape pen with my chargers ...

… I understand [security] taking it or not letting me in, what I don't understand is taking it and not letting me in. My sisters or not, vapes aren't cheap and we don't have a lot of money …

But whatever it is you decide to say, I think it is very important that you don’t get angry, especially since it was essentially your carelessness that led to the confiscation of the vape pen.

Good luck.