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Shoplifting From Your Employer

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  • 01-29-2015, 02:50 PM
    Behappy13
    Shoplifting From Your Employer
    My question involves criminal law for the state of: Texas

    So, at my employer (staples) LP came to do an investigation and they are going to charge an ex-supervisor of mine for theft. I have stolen twice before (I know, so stupid. I wish I never would've done it), his case is similar to mine. His is more extreme, he stole laptops and tablets and shipped them to his home through our ups. I have shipped something before but it was probably about $200 of merchandise. (A ninja blender and a mophie phone charger). They are barely investigating him, but I had absolutely no idea about this. Our stories are not tied in any way. What should I do? I don't want them to investigate me, should I just quit? And if I quit, and they do investigate can they still charge me? Please help me! I need some advice. My general manager has no idea and she just told me today that he was doing it for a while, but it's high ticket merchandise. If I quit now, can they still charge me if they don't investigate? Help!
  • 01-29-2015, 03:29 PM
    PandorasBox
    Re: Shoplifting at Your Employer
    Even if you quit, yes, they can charge you.

    $200...Class B Misdemeanor. Up to $2000 in fines, up to 180 days in jail.

    If you used any tools at work (such as removing a security tag, even with a pair of scissors)...it gets worse. You used a tool in commission of a crime.

    Oh...you shipped items from work to wherever....even worse, since it now proves criminal intent. If you shipped that item to someone else - well, that person can be seen as a co-conspirator and you both face charges, even more severe.

    If you have a prior record at all...you're in even deeper doo-doo.

    You would be best to get your butt to a Criminal Defense Attorney first opportunity you have.

    Since they are investigating your ex-boss....the LP are pretty much guaranteed to find about you as well. And they may try to tie to your boss and you working together, along with any other people items were shipped to...in other words, possible FELONY charges for a theft ring.

    Aside from the lawyer...I would recommend a very quick search for a new job, because once convicted, you're gonna have a very hard time finding employment that does not require a complete background check.

    You are facing Civil Demand from Staples, Criminal Charges, Court Costs and Fees, and you really...and I can't stress this more...need a lawyer asap.
  • 01-29-2015, 03:29 PM
    Taxing Matters
    Re: Shoplifting at Your Employer
    I have no idea whether your employer will find out about your theft or what actions it will take should your theft be uncovered. So I cannot tell you whether there is anything you ought to do at this point other than not make matters potentially worse by stealing even more and that generally speaking admitting to the theft without at least first consulting a lawyer is not wise. I can tell you that neither returning the goods nor quitting will prevent you from being criminally charged for the thefts. If you quit, you don’t get unemployment compensation. If you are fired for theft, you don’t get unemployment compensation either. Being fired for theft and/or convicted for theft from your employer will make finding jobs in the future much harder. As you might expect, few employers want to hire someone who might steal from them.

    Maybe if you quit the company won’t bother to pursue anything since at least you’re gone and the employer won’t have to worry about you stealing anything else. But there are no guarantees on that, either. On the other hand, maybe if you stay the company will be willing to offer some deal if it discovers the theft for you to agree to repay what was stolen and quit and avoid a criminal prosecution. Again, no guarantees. In short, there’s no way for me to tell you with certainty that quitting or staying would be better for you.
  • 01-29-2015, 04:06 PM
    Who'sThatGuy
    Re: Shoplifting at Your Employer
    Don't quit, if you do it may make you look suspicious. You go to work and do your job well. If you're asked from LP about anything related to this matter, don't admit to anything. There are three possible outcomes to your situation.

    1. They tie your crime to your supervisors and charge the supervisor with that crime.

    2. They don't know anything about your crime and just charge the supervisor.

    3. They think that you may be tied to the crime but aren't sure so they pull you aside and start asking questions. This is why you don't give them any answers. They aren't looking to help you, they're looking to prosecute you. Even if they tell you they know it was you, you make them prove it in court, don't give them any information and don't push the weight on your supervisor as then you're admitting that you knew about the crime.
  • 01-29-2015, 05:03 PM
    Behappy13
    Re: Shoplifting at Your Employer
    What if mine had nothing to do with his? Should I be worried? I'm so nervous, idk what to do. I just feel like quitting and getting something new.

    - - - Updated - - -

    What do you think I should do? Do you think they're going to continue to do more investigating? Should I quit? What is my best option? Also, if I confess do you think it'll help me any or get me to just pay back with no legal trouble. I need some help. I'm so nervous.
  • 01-29-2015, 05:09 PM
    cbg
    Re: Shoplifting at Your Employer
    What do you think I should do? I think you should quit dithering.

    Do you think they're going to continue to do more investigating?
    Now really. How do you expect strangers on the Internet to have any idea what your employer is going to do?

    Should I quit? Unless you're independently wealthy or have another job already lined up, probably not. You won't get unemployment if you quit and one usually needs SOME income.

    What is my best option? There is no possible way to answer that. The Magic 8 ball is broken.

    Also, if I confess do you think it'll help me any or get me to just pay back with no legal trouble. See above answer

    I need some help. Stop stealing.

    I'm so nervous, As well you should be.
  • 01-29-2015, 05:16 PM
    Who'sThatGuy
    Re: Shoplifting at Your Employer
    Quote:

    Quoting Behappy13
    View Post
    What if mine had nothing to do with his? Should I be worried? I'm so nervous, idk what to do. I just feel like quitting and getting something new.

    - - - Updated - - -

    What do you think I should do? Do you think they're going to continue to do more investigating? Should I quit? What is my best option? Also, if I confess do you think it'll help me any or get me to just pay back with no legal trouble. I need some help. I'm so nervous.

    Take my advise from post number 4.
  • 01-29-2015, 05:18 PM
    Behappy13
    Re: Shoplifting at Your Employer
    Thanks. 😒

    - - - Updated - - -

    Seriously though, if you were in this situation, what would you do? I completely understand what I did was wrong and I am willing to do anything to make it right. I guess I just have to wait and see what happens. I'm sorry I'm asking so many questions, I just get so nervous and I want someone to give me some advice.
  • 01-29-2015, 05:23 PM
    PandorasBox
    Re: Shoplifting at Your Employer
    We have no way of knowing what the store's LP is thinking...keep looking....nah, its just the ex-supervisor....keep looking.....

    Yes, you should be very worried.

    It is very possible they are still investigating and will find records that show your theft. Or maybe not.

    State laws vary...they have 1-2 years to file charges.

    Confess....no.

    Even if/when charged, you want to plead Not Guilty and make the store prove their case, and it is within your legal right (while people were upset about cases like Casey Anthony, OJ, Jodi Arias...it is in the legal right to make the state plea their case and prove it beyond reasonable doubt to a jury).

    Payback at this point? You're admitting your crime.

    Quit...you're going to look suspicious. You risk being fired and charged with theft also.

    You are in a serious situation and between a rock and a hard place.

    Again, get a consultation with a lawyer asap. Be honest and upfront (yes, I did this...my ex-boss is being investigated, so....I'm scared about me). There is client/lawyer confidentiality. This is the only person you should talk to, period. If you are at work and get called to LP or police to be questioned, your first words are "I want to call a lawyer" and have that number memorized.

    Next: Again, be honest with the lawyer....if he/she doesn't think you are being honest, they may be less inclined to work hard for you.
  • 01-29-2015, 05:25 PM
    cbg
    Re: Shoplifting at Your Employer
    No, you want someone to tell you what you should do to minimize the chances that you will have to face the consequences of what you did.

    While perhaps understandable, the fact remains that no one here can do that. There is no POSSIBLE way for us to guess what action is most likely to allow you to escape responsibility for your crime.

    Please do not think I am sympathetic. I'm not. I detest thieves and I have no sympathy whatsoever when they come here whining about how nervous they are. You damn well should be nervous. The time to worry about the consequences was before you stole. Now you're just going to have to deal with it.
  • 01-29-2015, 05:33 PM
    Behappy13
    Re: Shoplifting at Your Employer
    Quote:

    Quoting PandorasBox
    View Post
    We have no way of knowing what the store's LP is thinking...keep looking....nah, its just the ex-supervisor....keep looking.....

    Yes, you should be very worried.

    It is very possible they are still investigating and will find records that show your theft. Or maybe not.

    State laws vary...they have 1-2 years to file charges.

    Confess....no.

    Even if/when charged, you want to plead Not Guilty and make the store prove their case, and it is within your legal right (while people were upset about cases like Casey Anthony, OJ, Jodi Arias...it is in the legal right to make the state plea their case and prove it beyond reasonable doubt to a jury).

    Payback at this point? You're admitting your crime.

    Quit...you're going to look suspicious. You risk being fired and charged with theft also.

    You are in a serious situation and between a rock and a hard place.

    Again, get a consultation with a lawyer asap. Be honest and upfront (yes, I did this...my ex-boss is being investigated, so....I'm scared about me). There is client/lawyer confidentiality. This is the only person you should talk to, period. If you are at work and get called to LP or police to be questioned, your first words are "I want to call a lawyer" and have that number memorized.

    Next: Again, be honest with the lawyer....if he/she doesn't think you are being honest, they may be less inclined to work hard for you.

    Thank you so much! That is great advice! I'm going to just try my very best to keep calm and I'm just going to let everything play out. I really appreciate your feedback. It's really helpful. I think I'm going to definitely look into talking to a lawyer and seeing what kind of action I have to take here. Thank you again!
  • 01-29-2015, 05:59 PM
    PandorasBox
    Re: Shoplifting at Your Employer
    Get a Criminal Defense Attorney. Google, Yellow Pages. Because if you are accused or charged, you are going to need one.

    Does this mean no worries? Not at all. If/When charged, you are going to have a hell of a time finding a job. And the cost for a lawyer and fines and stuff is going to be expensive. And you won't be getting unemployment either.

    Again, depending on the scenarios I listed...using a tool to remove security devices, anyone else involved, who you shipped too....can lead from screwed to royally screwed.

    If you shipped it to a friend as a gift without them knowing it was stolen merch...now is the time to tell the friend they may be needing a lawyer as well. If they knew it was stolen, you really wanna tell the friend to be shopping for a lawyer, the police may be knocking on the friends door for possession of stolen property.

    If the item was shipped across state lines.....or sold by recipient....that's another thing to tell the lawyer(s) since that may mean federal charges.
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