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What are Your Remedies if You are Falsely Accused of Shoplifting

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  • 05-18-2018, 12:05 AM
    Jlevy330
    What are Your Remedies if You are Falsely Accused of Shoplifting
    My question involves criminal law for the state of: Pennsylvania

    I am a contractor/handyman, today i went to home depot to make a return(faucet supply lines from plumbing)and make a purchase(grout) entered store near returns with a receipt that was ripped(still had purchase date items and barcode on it) due to having a 4 inch thick folder of lowes and home depot receipts. Ended up not being correct receipt for said supply lines so i didnt proceed with my return.i asked the lady at returns if i need to put ny items i walked in with in my car or will i be ok to do my shopping with them.she said holding them would be ok.i go get my grout then straight to pay didnt even go near plumbing.after paying for grout. "Asset protection"(HD loss prevention) approaches me asking to see my receipt.i show him receipt for the purchase then he asks about receipt for supply lines

    i explain theyre mine and i entered with them but had the wrong receipt to return them he then to proceeds to ask to see the receipt and supply lines under the guise of if it was correct or not.after taking my items he informs me securuty said i walked in empty handed and took the supply lines off the shelves to try to return with the ripped receipt which he believes i found and it wasnt mine due to being ripped.so right there accused me of theft which my understanding turned the conversation into detainment.i then asked him to check the cameras and hell see theyre mine which his response is he doesnt need to he saw me take them and unless i have a receipt hes keeping MY items i walked in with at this point im getting obviously upset and frustrated at the accusation and situation and he tells me stop raising my voice and im causing a scence.i then ask him to atleast take my info and call Me once he realizes hes wrong which he denys to take my info and responds if im wrong the items will be in customer service tommorow.only reason i didnt call the cops my self is i had guys waiting for me on a job site.

    I then call the store about an hour later ask for a manager and was transferred to asst.manager.explained what happened he asked for my info and said hed contact me after looking into it 15-20 mins later he calls apolgizing to me and thst Asset protection made a mistake and i can get my items back whenever.

    Went in to store after work spoke with same asst.manger who was sincerely sorry.got my items back.LP guy was gone for day.

    Told manager i called corporate and theyre policy is let it go if not 100% sure before accusing paying customers of theft and that i dont need to steal $12 dollars of shit and it was embarrassing and degrading to be treated as a criminal by LP
    The neighborhood of this home depot has a large homeless population so i do feel profiled due to having work sweatpants on old boots and a work shirt as well as needing a shave and hair cut and due to rain and working outside and myy dog i smelled a little funky at the time.
    Sorry for the long story im just extremely enraged and. Wondering if i have any grounds to pursue it further
  • 05-18-2018, 12:13 AM
    adjusterjack
    Re: Falsely Accused of Shoplifting from Home Depot
    Quote:

    Quoting Jlevy330
    View Post
    Wondering if i have any grounds to pursue it further

    Pursue what? A lawsuit? Forget it.

    The best you can do is write a letter to the President of Home Depot and get on record. Maybe you'll get a gift card.

    Meantime, you need to acknowledge two mistakes.

    1 - Not keeping your receipt in good shape. Having a folder full of receipts is no excuse.

    2 - Carrying the items around the store without a good receipt.
  • 05-18-2018, 06:55 AM
    Highwayman
    Re: Falsely Accused of Shoplifting from Home Depot
    There is nothing to pursue further. If you'd like you can find another place to shop.

    I agree with Jack about writing the letter. That's the best you'll do. You have nothing.
  • 05-18-2018, 10:40 PM
    Jlevy330
    Re: Falsely Accused of Shoplifting from Home Depot
    I was told from a friend if mine whos a lead LP in a different state that everything done violated his state law for apprehension( in his state they have to witness either by camera or in person that the person came in empty-handed and/or witness items being removed from shelves and\or witness concealment of items) and the law in his state says they cant apprehend before person is at security detectors at entrance in my case they didnt see any of that because i did none of that.also said his state law considers an apprehension without those factors false imprisonment.so i need to find my state law out.he also informed me in his state false imprisment opens the store and LP to a lawsuit and they usually settle before it reachs thst point if thst can be proven whixh my case it can because the second LP stops questioning and accusing it becomes apprehension.even in my state as well

    Quote:

    Quoting adjusterjack
    Meantime, you need to acknowledge two mistakes.

    1 - Not keeping your receipt in good shape. Having a folder full of receipts is no excuse.

    2 - Carrying the items around the store without a good receipt.

    In response to number 1.good shape or not if the barcode and items are legible on receipt condition should play no factor(store policy after speaking with corporate)

    And to #2 reason for not proceeding with return was i brought the wrong receipt in by mistake and asked the girl who works returns if i shoukd go put items away in my truck or am i safe to hokd them while i buy 2 items so i went off what employee told me
  • 05-19-2018, 06:21 AM
    Mr. Knowitall
    Re: Falsely Accused of Shoplifting from Home Depot
    Quote:

    Quoting Jlevy330
    View Post
    I was told from a friend if mine whos a lead LP in a different state that everything done violated his state law for apprehension (in his state....

    What state is that? I expect that if we look up the actual law for that state we'll find that your friend is confusing his store's policies for detention with what is actually required by state law.

    Your state law provides,
    Quote:

    Quoting 18 Pa.C.S. Sec. 3929. Retail theft
    (d) Detention. -- A peace officer, merchant or merchant's employee or an agent under contract with a merchant, who has probable cause to believe that retail theft has occurred or is occurring on or about a store or other retail mercantile establishment and who has probable cause to believe that a specific person has committed or is committing the retail theft may detain the suspect in a reasonable manner for a reasonable time on or off the premises for all or any of the following purposes: to require the suspect to identify himself, to verify such identification, to determine whether such suspect has in his possession unpurchased merchandise taken from the mercantile establishment and, if so, to recover such merchandise, to inform a peace officer, or to institute criminal proceedings against the suspect. Such detention shall not impose civil or criminal liability upon the peace officer, merchant, employee, or agent so detaining.

    The relevant concept is detention, not apprehension. It is not the case in any state that if an LP accuses you of shoplifting an encounter is automatically transformed into a detention.
    Quote:

    Quoting Jlevy330
    1.good shape or not if the barcode and items are legible on receipt condition should play no factor(store policy after speaking with corporate)

    If a LP violates store policy, the LP can be disciplined or fired by the store; but that's an issue that has nothing to do with whether or not a detention falls within the scope of the law.
    Quote:

    Quoting Jlevy330
    And to #2 reason for not proceeding with return was i brought the wrong receipt in by mistake and asked the girl who works returns if i shoukd go put items away in my truck or am i safe to hokd them while i buy 2 items so i went off what employee told me

    Do you believe that the LP was somehow aware of your prior discussion with the cashier? If so, please explain how. There is no reasonable means by which employees in a store as large as a Home Depot are going to know about, or know the content of, other employees' independent conversations with customers.

    It is actually possible for the retention of somebody's property to support a case for unlawful detention, if (a) a reasonable person in the position would not feel free to leave and (b) the plaintiff in fact did not leave. For example, if you take somebody's purse or car keys, even if they could technically walk out the door, many people would not feel comfortable leaving until they recovered their property. But if they don't stay -- if they leave -- then even though they might otherwise have had a potential claim, they were not in fact detained.
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