7 Year Old Daughter Falsely Accused

My question involves criminal law for the state of: PA

A few days ago, my wife and daughter were shopping at one of our local Big Box Retailers (name with held). During this time, a regular store associate approached my wife and informed her that a customer had come to her and pointed out my 7 year old daughter. The store associate claimed that the customer saw my daughter taking jewlery from an area and putting them in her pocket, stealing them. My wife was mortified, embarrassed, and humiliated. At this point my daughter looked up at my wife and said "mommy I would never do anything like that", my wifes response was "I know you wouldn't honey". The store associate was sarcastic and rude saying "well of course your going to stick up for your daughter!" The store associate insisted that my wife empty my daughters pockets in front of her, expecting to see the stolen jewlery. Mean while customers are stopping, watching and then moving on. Scared to death my wife goes through my daughters pockets and surprise, nothing there, not even lint. Although they were not physically detained in a locked room or hauled off somewhere out of sight, is there anything that can be done about this. I have spoken to 2 store managers, I can post the details if it's relavent. I'm just extremly upset that the store associate had no training (implied by the store manager) to handle retail theft and that the associate took the word of a customer. She never personally witnessed anything and then stopped and insisted that my daughter be searched. Any and all replies will be greatly appreciated. (also pardon any spelling issues, I'm still a little hot over this)

You can contact the stores corporate office but what is it you want done?

Well, that 's just it. I'm not sure, I probably have no case for monetary damages - at the very least I think they should offer a formal appology to my wife and daughter. Like I stated above, I have contacted the store and spoke with 2 different store managers. The first just an hour or so after the incident and what he said troubled me and gave me concern to my family's rights. He assured me that the associate had no right to take the word of a customers description of events that lead her to stop, accuse, and insist that my wife search my daughter. He cited parts of the company loss prevention policy and went on to give examples. For instance, he said that if a customer came up to an associate or store security officer and said "I just saw that guy steal that TV that he is carrying out of the store", there was nothing that they could do to apprehend or accuse that customer because the store associate did not witness the act and have clear sight of the customer at all times.

This afternoon, the stores manager called back and said that he was able to gather more information about the sitution. He stopped short and would not share the information (as I respect) because in my conversation yesterday, I had mentioned that I "may" contact a Lawyer about the incident. He simply stated that he would be out of the store for several days and that he would get back to me next week. It just sounds like they WANT me to seek legal counsel!

Sorry to rant, - I have contacted the store, I'm not sure what good contacting corporate would do, and I'm not even sure what is fair at this point.

You have no damages they know this. They also know calling a Lawyer wil not result in much other than retainer fees for you. Just dont shop there anymore and tell corporate why

panther10758,

Thanks for your time to listen, I guess I'll go ahead and try to contact their corporate. Some self satisfaction in at least going one higher than the store to get it off my chest won't cost me anything. I'll drop the ball there. Thanks again.

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Quoting Optiguy

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panther10758,

Thanks for your time to listen, I guess I'll go ahead and try to contact their corporate. Some self satisfaction in at least going one higher than the store to get it off my chest won't cost me anything. I'll drop the ball there. Thanks again.

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From the information you supplied I would suggest the store didn't have "probable cause" to stop your wife and daughter. Your wife complied with the store associates request for your wife to go through your daughter's pockets. You write that it was a big box retailer - I sincerely doubt that their policies would allow the employee to take the action she did.

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Quoting Security Consultant

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From the information you supplied I would suggest the store didn't have "probable cause" to stop your wife and daughter. Your wife complied with the store associates request for your wife to go through your daughter's pockets. You write that it was a big box retailer - I sincerely doubt that their policies would allow the employee to take the action she did.

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Thank you for your response. I know for a fact that this company policy was not followed, the first store manager that I spoke with clearly stated that this action was against their policies. This is why I am frustrated with the whole matter, I've worked in the service/retail industry for 22 years and am familiar with at least my companies policies for loss prevention, I'm very strict with my associates to follow procedures at all times. And for this I am afraid of how my daughter will act or feel when we do take her shopping from now on, she will more than likely be extremely uncomfortable that someone else will accuse her of something else (just a protective fathers opinion). What would you suggest my conversation be with the corporate office? Again, thank you for your reply.

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Quoting Optiguy

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What would you suggest my conversation be with the corporate office? Again, thank you for your reply.

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Keep it simply. Just state the facts (date/time/store location, what occurred, the clerks name if you have it, the outcome, etc).

End the note by thanking them for taking the time to read your letter and indicate that you will no longer be frequenting their establishment; adding that will be relaying this experience to other acquaintances in hopes they will do the same (don't indicate you're starting a smear campaign).

Sign your name and include your address (and maybe phone number) should corporate wish to contact you for more details (or to attempt restitution via coupons, gift cards, special coupon offers, etc). Call me greedy and optimistic, but it does happen.

As someone else asked, what is it that you want? Do you want money? If so, how much? Would that erase the embarrassment that you endured? I think it was unfortunate but it seems to me that the best thing you can do is inform the store's corporate office.....and then put it behind you.