"Shoplifting"

[BEL86]

What is the name of your state? Arizona

Hello, I have just recently been terminated for a job at Target here in AZ. The date of my termination was Christmas Eve (heh) and I was wondering if someone would be willing to help me sift through what happened.

They have me on charges of a Class One Misdemeanor for "stealing" pastries and drinks from the Starbucks inside of Target. The situation was this.

In mid Septemeber our Team Lead (Our boss) left the corporation without notice or telling anyone inside of Starbucks that he was leaving. The new employees, including myself, really were lost. None of us had a competent idea of how we were supposed to get things done. This includes: Ordering, complete Customer Service, the weight of drinks, training new members competently, etc. etc. We, however, did our best and things were running more or less smoothly for several months. During this time is when the "stealing" occured. The "stolen" items include: Coffee, pastries, pizza, drinks" However the largest offense (meaning the most expensive) was pastries. At the end of the night we would have our pastries day dotted with stickers that had numbers corresponding to the synonymous day (1=Monday, 2= Tuesday etc. etc.) When pastries were to be thrown out, instead of throwing them away I would take them home with me. Seeing that they were trash anyway. I had NO idea that what I was doing would have been considered illegal to Target (Due to no management, and lack of executive management in our department). The other occurences include twice making myself a drink One was probably a tea, because I was sick and the other an iced tea to have with my lunch. The coffee was for my father and the pizza was for a time when I did not have money with me. On only one of those occasions was I even aware that what I was doing could be considered theft and that was the Pizza from Food Avenue next door, and even then I compensated. All of these charges could have easily been averted if management took a more active role in our workplace and let us know what we could and couldn't do and what was and was not considered stealing. There were also two others who were fired for the same offense as I and we are all awaiting court dates.

When they pulled me into the back room to ask me about what was going on, I told them everything I did including everything I said above, I told them that I knew it was wrong then but I did not know it was wrong at the time, a fact which I am sure they just glossed over. One, I am claustrophobic and I a do not like being in enclosed spaces. Moreover, I do not like being interrogated in enclosed spaces by someone looking to charge me with something I didn't even know I committed. After our security head finished interrogating me, I paid restitution. Most of the things I replied to her were grey comments like "I suppose I did this, and I guess I did that" and after that I paid restitution which added up to 44.20. I figured that was it, and I would probably be terminated and that would have been fine. I broke protocol, it was an honest mistake and I can live with that. But getting police officers to arrest me and then send me to court with possible jail time is ridiculous. Especially if restitution was paid and it was determined that there was no malicious intent.

Apparently, at the interrogation, they said they had evidence of me doing all of these things. Video tapes, transaction records ( One of which I saw) and anonymous tips from people. My question is, don't they have to show this evidence before claiming that they have it? I mean, I am not saying that I didn't do the things they said I did, but I thought that that was procedure?

Sorry for being so long winded, I just need specific advice and I am not allowed to get free legal aid because it is a criminal charge. I am very upset because I am not a criminal. I am not some kind of mastermind who goes out and steals pastries from places. They are making me out to be someone like this and I don't think that this is right. Is there anything I can do? I know for a fact that Target has made many mistakes in running our Starbucks. And I have plenty of people who will testify on my behalf. All of it seems remarkably demeaning to my character considering that this is my first offense and I have nothing on my criminal record. My first court date is coming up and I am supposed to say guilty or not guilty. I have been advised to say not guilty so that we can go to trial and I can find a lawyer who will take my case. Is there anything else I should do? All advice would be most welcome.

 

[tabathadolley]

The other occurences include twice making myself a drink One was probably a tea, because I was sick and the other an iced tea to have with my lunch. The coffee was for my father and the pizza was for a time when I did not have money with me. On only one of those occasions was I even aware that what I was doing could be considered theft and that was the Pizza from Food Avenue next door, and even then I compensated.

I work at Target part-time, and have always known that if you make food, and don't pay for it - it's called stealing. As far as taking home food that was supposed to be thrown away - I can kind of understand your thinking in that it wasn't wrong - but do you understand why it was wrong? How can Target know that it was trash, or that you didn't make extra food so that you could have leftover to bring home?

Just wanted to throw my opinion in. Best of luck.

 

[CdwJava]

The employer can lie to you about their proof. Heck, the police can lie to you about the evidence, too. Nobody has to show you the proof until it gets before a judge ... well, actually they would have to present it as part of discovery to your attorney BEFORE trial, but you get the idea.

- Carl

 

[BEL86]

*nod*

Thank you for this information. I think the next question is, could the act still be considered criminal if immediate restitution was paid? I mean, the day of termination I paid off the things I hadn't known I was stealing.

 

[CdwJava]

Thank you for this information. I think the next question is, could the act still be considered criminal if immediate restitution was paid? I mean, the day of termination I paid off the things I hadn't known I was stealing.

Yes - you CAN still be charged. Since you were paying restitution because you got caught, and not because of some personal guilt, it really shows little other than an attempt to deflect blame.

- Carl

 

[BEL86]

Alright

So is there any route that I CAN take? A route that can get the charges dropped? Or is this all up to the DA if they even want to presss charges in the first place?

 

[Florid-aise]

BEL86, I could make the case both ways; for you - and against you.

One question I do have in advance is whether this store has a "wolf ticket" policy? If you understand that term.

Consider the wasted pasteries as inventory of the store, which must be accounted for, and which cannot be sold to the public because of state laws in your area, or because of corporate policy. This "spoilage", destined for the dumpster, is simply out of date for public sale, but edible to your personal knowledge. Imagine the line cooks at "Applebee's" for example, tossing on the grill 50 or so T-Bone steaks, 10 minutes before quitting time. No customers, no way to sell them, restaurant closing shortly, these steaks are then "spoiled" and are to be disposed-of. If "Applebee's" permitted the practice of taking home "spoiled" food items, what would prevent every line cook in the nation from doing just what I described. The entire point of the inventory control is to prevent this precise scenario. The "spoiled" food destined for discarding, has to be discarded rather than "saved" by the employees desiring to do so. Does this seem like a waste? Yes it does. Does a corporation seem to think that it is a "waste" to watch their employees literally eat-up the profits? Yes they do.

Under the particular circumstances of your post, you should indeed get an attorney. By all means plead not guilty in order to proceed with your attorney's advice. My initial impression is that your circumstance would not constitute the squeakiest wheel in the DA's office.