Saturday, August 22, 2009

Two Best Buy employees who tackled a shoplifter were fired for violating company policy

I understand the company policy. Many years ago. concealment of merchandise was considered proof and was all that was needed to get a conviction but the law now says that a shoplifter must have passed the registers thereby showing intent by passing up the last opportunity to pay for the items and the store must have continuance of evidence. (Store personnel must actually see the person pick-up an item, conceal it, and must not allow that person out of their sight until stopped).

Under shoplifting laws, an accused person did not have the right to sue the store or its employees if their detention was done in a reasonable manner but under current law, convictions are harder to get and the person must actually leave the store before many stores will stop a suspect. Once they leave the store it is not considered shoplifting but larceny and the accused does retain the right to sue a store if found not guilty of larceny.

Stores now require that only management level employees can stop a suspect to help protect the store from lawsuits and they also forbid employees from pursuing a suspect to prevent injury to the employee.

An employee can be disciplined for violating these policies because their actions in detaining or pursuing a suspect may prove to be mush more costly to the company than the value of the merchandise that was being stolen.

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