ExpertLaw.com Forums

Caught Shoplifting Outside of Work

Printable View

  • 04-14-2012, 03:28 AM
    lucyspade
    Caught Shoplifting Outside of Work
    My question involves labor and employment law for the state of: Pennsylvania

    I was recently caught shoplifting outside of work. I have not been to court yet but somehow my employer has found out about this. I suspect that an employee store may have notified them, does a store employee have the right to notify your employer?
    Also I found an email relating to my arrest laying of the floor of a common hallway, someone must have dropped it. Do I have any rights to this information not being carelessly handled so my co-workers do not find out?
  • 04-14-2012, 04:58 AM
    jk
    Re: Caught Shoplifting Outside of Work
    when you commit a crime, unless you are a child, that information is available to the general public. Your court records and criminal history is available to anybody that seeks it. Sorry but the only way to not be known as a thief is to not be a thief.

    so, to specific answers:

    Quote:

    I suspect that an employee store may have notified them, does a store employee have the right to notify your employer?
    yes they do

    Quote:

    Do I have any rights to this information not being carelessly handled so my co-workers do not find out?
    no you don't
  • 04-14-2012, 05:52 AM
    cbg
    Re: Caught Shoplifting Outside of Work
    There are plenty of ways your employer could have found out without anyone from the store notifying them, btw. In my town the fact of your arrest would have been published in the newspaper for anyone who cared to look to see.
  • 04-14-2012, 10:54 AM
    ESteele
    Re: Caught Shoplifting Outside of Work
    Assuming that you are an adult, OP, the store employees and/or your coworkers could disseminate information related to your arrest -- which is now part of the public record -- in any manner they see fit. Why would you think your adult criminal record would or should automatically remain confidential?

    With that said, to actually minimize the impact of your shoplifting arrest, you may want to explore whether you are eligible to have this matter resolved though a “probation before judgment” program or similar diversion disposition. (If you have an otherwise clean criminal record, you are likely eligible for such a disposition.) After completing probation in connection with a diversion disposition, you would avoid having a conviction on your record. Moreover, you can explore down the road petitioning to have the arrest record expunged from your record.

    Separately, you should hope management does not decide your shoplifting arrest calls into question your ability to do your job. While Pennsylvania does have an anti-discrimination statute prohibiting “irrational” discrimination against ex-offenders, this state law does not prevent an employer from making rational, adverse employment decisions against employees with criminal records. For example, OP, if you work as a bank teller, your employer may be able to fire you lawfully based on a shoplifting conviction. As stated above, you want to avoid your arrest devolving into a conviction, if at all possible, to minimize or eliminate the collateral damage from this incident.
All times are GMT -7. The time now is 03:54 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved