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  1. #1
    Join Date
    Nov 2006
    Posts
    2

    Default False Accusation of Theft by a Store Clerk

    Hello. I live in PA and an incident took place in NY store. I was shopping at a well known store a couple on months ago, I wanted to purchase an item and there were not any on the shelf. There was lady in the isle with the item in her hands and I asked if she was going to purchase it. She responded that she wasn't sure. After waiting several minutes I decided that I was not going to wait any longer and I went on my way.
    A short while later we (my sister, her neighbor, my daughter & my mother) decided that we were done shopping and went to the checkout. My sister turned to me and said: There goes that lady across the parking lot and she doesn't have the item with her" We then left the checkout and went back through the store, it was not on the shelf, but my sister found it abandoned in a cart with a bunch of other items. She removed it and brought it to me. I took it to the register & paid for the item and we left. Not really giving the whole thing a second thought.
    Three weeks later we (my daughter, my mom & I) went shopping at the same store. It was a Fall Sale and the store was packed, lines long. Etc. We picked up the items that we wanted to purchase and stood in line.
    When it was our turn the cashier said to me "Hey, your the one who stole from that lady" I said excuse me? She repeated it and I said I didn't steal anything and was confused as to what she meant. She repeated that I was thief. My daughter spoke up and said "Does she mean that item from that cart" The cashier said yes. I said, "I didn't steal anything" She said yes you did, this time louder. Everyone in the line heard this taking place. I told her she was offending me making a false accusation. I said that I purchased an item, I did not steal it. She said something about "You are a thief and you are going to hell" I told her several times that I was not a thief and to stop saying that. She turned to others in the line and said "This woman is a thief" I said I was not, if they wanted to give me a moment, I was certain that I had the receipt for the item I had purchased several weeks ago. The cashier said that lady came in and was "PISSED" and I was a thief and that was it. My daughter left the store in embarrassment (She is 16) my mom followed and I told them I wouldn't shop there anymore and walked out. My mom said I should see a manager and so I went back in. I asked to see the manager and she said fine thief.
    The manager arrived and meanwhile my mom had come back into the store. The cashier started in a very loud voice saying "this is the woman who stole..." My mom told her to shut her mouth. The manager and I spoke, the whole time in line and several times the cashier continued to tell people in the line that I was a thief. The manager told her twice "ENOUGH" The manager agreed that I was not a thief, but did little to shut the cashier up or make it be known to other people overhearing this that I was not a thief. Apparently the lady left to go to the bank and get money for her purchase. She had intended on returning for the item. When she returned the item was no longer where she left it. I asked the manager how I was supposed to know that. Was I supposed to ask if every item was already spoken for before attempting to purchase and she said of course not. I said than how does this make me a thief? She said it doesn’t, but loud cashier spoke up again and said I was a thief.
    I ended up just walking out because this was obviously not going to end, and the manager had NO control over the situation and I felt like hitting the cashier.
    My daughter & mother said that several customers who were exiting the store were commenting on it like, "That's what you get when you are a thief" or "She's the one who stole and now wants to make an ass of herself" Among many more rude comments.
    I contacted the police and they recommended that I contact corporate and inform them. The officer also said that I should ask that any and all actions taken in this matter be reported to me.
    I did this.
    After a long letter explaining the situation I sat and waited. After a week or so I emailed corporate. No response, another email, again no response, 4 emails later I get a call. The lady said she was Customer Service Manager and assured me that they were looking into it and she would call me right back with an update. That was 12 days ago. I called her several times and left several messages. She is not responding.
    I am devastated over this whole incident. I am humiliated and embarrassed. I am not a thief and it doesn't appear that corporate gives a hoot.
    I suggested that they view the security tape and they would surely see the entire incident.
    So sorry that this soooo long winded, I just wanted to include most all info. The only things left out are the many times that I was called a thief. All the important info was included.
    My question is should I sue? I am so sick of people not being held accountable for their behavior and this has definitely caused me sever anguish.
    Please help with advice.
    Respectfully,
    Not a thief in PA

  2. #2
    panther10758 Guest

    Default Re: False Accusation of Theft by a Store Clerk

    and what are your damages? Wouldnt it jsut be simpler to jsut shop someplace else!? I am not saying your telling a tale but I do find it tough to swallow that same clerk just happened to be working both days and out of the 100's or 1000's of people they see you were remembered! There would be no call to remember you as you made a simple purchase and inciident was not known until lady returned and why would clerk remember you! Regardless you have no damages just shop elsewhere you beat this dead horse over and over but it wont gt up drop it and move on! IMHO

  3. #3
    Join Date
    Nov 2006
    Posts
    2

    Default Re: False Accusation of Theft by a Store Clerk

    Wow! I guess the only damage that I have is humiliation and embarrassment, therefore mental anguish. As hard as it is to believe I am absolutely telling the truth! This positively happened.
    My issue is that a person in that position should be held accountable. When I contacted corporate, I was expecting an apology for this, a possible assurance that better training would be provided to their clerks and managers and a promise that this type of incident would not occur ever again.
    Believe it or not, this did happen. I do suppose that if someone had told me this story, I too would have been hesitant in believing, but honestly, it did happen.
    I am wondering why I should have to "suck it up?" Why am I now in the wrong? Maybe that is one of the many problems with this country and the folks that live in it, no accountability. I was raised and I raise my children to never and I mean never open your mouth and make accusations without solid proof. Never treat others with a disregard to their feelings or their rights. Common courtesy is something that should always be practiced. If this young cashier is allowed to treat customers like the way I was treated, without accountability that is a disservice to her and society.
    I feel sorry for you that you believe that one should allow such treatment and walk away. And furthermore, I didn't really ask if you believe me or not, I was asking if there is a suit in this. Your opinion on whether it happened or not is irrelevant. I have at least 4 witnesses’ that will support what I said. This incident took place at the first register in the store which doubles as Customer Service Desk/Register. If my hunch is correct there must be a security camera that will show the entire incident, and it absolutely took place. I am also left wondering why, if you believe that people, who are slandered, should suck it up and move on, why are you even on this site?
    So, moving on- Could someone be so kind to assist me in this. Do I have a case or do I not?
    Thanks so much,
    Not a thief in PA

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,048

    Default Re: False Accusation of Theft by a Store Clerk

    No, you do not.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: False Accusation of Theft by a Store Clerk

    It might be more accurate to say that you do have a case, but that you are not likely to recover more than minimal or nominal damages. You didn't suffer any economic loss, your humiliation was fleeting, and you have recovered from your emotional distress without any professional help. You may find a lawyer willing to assist you if you pay by the hour, as the likely recovery is tiny as compared to the probable cost of litigation.

  6. #6
    panther10758 Guest

    Default Re: False Accusation of Theft by a Store Clerk

    Let me claify. If what happened is true you were clearly wronged but you have no REAL damages! If everytime we were embarassed we sued teh courts would be so tied up it would be a HUGE mess. Law suits are to recover "damages" your damages were mimimal and not long lasting nor did they effect you afterwards. I realize teh sting of that day still hurts but there are no real damages. You too right course when you contacted corporate and that is still your right move. They will move slow on this not because your not important but because they have thousands of issues to deal with and they may pass investigation on to other hands several times and this siutation has to be looked into. This means finding the proper people to talk to. Keep up with the calls emails etc it will be resovled. BTW how did you want thsi resolved you want somone to lose their job around holidays? you want money? The most likely outcome will be a gift card for store! If your that upset I think your best action is to shop elsewhere and let them know you are and your telling family and friends of your treatment. Hiring a Lawyer or taking them to court will cost as much if not more than your actual damages. Is all this headache worth this one item and a few minutes of embarassment with people you may never meet or again!?

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