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Misdemeanor Theft Charge for Giving a Friend the Employee Discount

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  • 11-28-2016, 08:06 PM
    Gene119
    Misdemeanor Theft Charge for Giving a Friend the Employee Discount
    My question involves criminal law for the state of: Colorado

    I was just fired from a retail store for giving a family member and a friend my employee discount. In addition, I was cited for petty theft. What is the best course of action? Did I really commit a misdemeanor or simply broke company policy? I will be reviewing the policies I signed for them to see if it states that it is a crime to share my discount with someone else.

    Quick clarification. It was a citation for petty theft, which is under misdemeanor, to my knowledge.
  • 11-28-2016, 11:51 PM
    TechWorker
    Re: Misdemeanor Theft Charge for Giving a Friend the Employee Discount
    Quote:

    Quoting Gene119
    View Post
    My question involves criminal law for the state of: Colorado

    I was just fired from a retail store for giving a family member and a friend my employee discount. In addition, I was cited for petty theft. What is the best course of action? Did I really commit a misdemeanor or simply broke company policy? I will be reviewing the policies I signed for them to see if it states that it is a crime to share my discount with someone else.

    Quick clarification. It was a citation for petty theft, which is under misdemeanor, to my knowledge.


    Perhaps you should have bought these items yourself and then given them to the friend and the family member. The friend and the family member could have reimbursed you. That would have been legal.
  • 11-29-2016, 12:25 AM
    Gene119
    Re: Misdemeanor Theft Charge for Giving a Friend the Employee Discount
    Well it is too late to consider what could have been done differently. At this time, I am wondering on what kind of legal repercussions I am facing as a first time offender. As in financially and what can I do to prevent this from going on my record.
  • 11-29-2016, 02:00 AM
    Taxing Matters
    Re: Misdemeanor Theft Charge for Giving a Friend the Employee Discount
    Under Colorado law, if the amount of the theft was less than $50 then it is petty theft. If it was more than $50 then it was either a misdemeanor or felony offense — the exact grade of the crime would depend on the total amount of the theft. Theft would include taking money from your employer by way of selling things to others for less than you are supposed to do. In general, most retailers provide employee discounts only to the employee for his/her own use; the employee is not allowed to use that discount to sell stuff to friends and relatives. Assuming that is the case here, then selling your employer’s goods at the employee discount price to friends and relatives would constitute theft in the amount of the discount you gave them.

    If you are convicted on this charge, you can pretty well bet that most retailers and and a lot of other employers will not want to hire you, especially for any job that involves the employer’s money. So giving that discount may well make it a lot harder for you to jobs, at least for awhile. After all, no employer wants an employee who might steal from them.
  • 12-02-2016, 05:15 PM
    jdbofky
    Re: Misdemeanor Theft Charge for Giving a Friend the Employee Discount
    In Colorado, first time non-violent offenders often qualify for pre-trial diversion. Ask if you do. Also, some states offer deferred adjudication where a defendant will not be adjudicated guilty if they complete certain requirements. Others, like my state, have "withheld" adjudication which means you're not adjudicated guilty but agree to accept the same penalty as if you were. It can keep your record cleaner. A lawyer can explain all these options to you, if they are available, and advise you.
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