Employee Retail Refund Fraud
My question involves criminal law for the state of: California
Scenario:
My store has just caught me for (1)not disclosing that I am and employee while shopping at other locations. (2)For returning an item twice (not the same item, but two identical items) with the same receipt and they both went back onto my credit card in the amount of $164 each. (3)Returning merchandise that were bought using an employee discount and received merchandise credit of $114.
I have agreed to repay a total of $278 ($164 for #2 and $114 for #3)
There are also instances where I have made purchases and returns as well, but all were within store policy, aside from the fact that I did not tell them I was an employee.
Bare in mind that ALL of these transactions were done without me mentioning that I am an employee, which is against company policy. (But one that I was not aware of.)
Questions:
- What other legal remedies is the company lawfully allowed to pursue?
- I know that this is highly unethical, but was any part, if not all, of what I did illegal?
- If it is illegal, is it considered a felony or a misdemeanor?
Side Note:
They are suspecting that I stole or allowed someone I knew to steal products from the store for the returns. I have not done such things. Thus, they will not have evidence of it. However, my store does not have surveillance cameras. So, if inventory came out short, will it be my word against theirs?
Re: Employee Retail Refund Fraud
1. They can call the police and report a theft.
2. Yes. I am guessing that you bought one product for full price and one at a discount... and then used the single receipt trick to get them both returned as full price. I am guessing that you didn't tell the other stores you were an employee so that the returns would be for full price and not for the discount you received. Why would you not think this was stealing?
It is pretty simple... did you get more money back than you paid?
3. good question. Low enough dollar amount for a misdemeanor but several occasions. Probably a misdemeanor.
Re: Employee Retail Refund Fraud
Yes, I got more money in the form of merchandise credit than I had paid for in US Dollars. I really don't know what I was thinking. I didn't think that it was stealing because I wasn't physically taking the products out of the store without paying for it.
Lesson learned. The very hard way, might I add.
I am not denying the fact that I am in the wrong and will not be fighting the charges, whatever they may be. Should I be looking into getting legal representation?
Re: Employee Retail Refund Fraud
Getting a Criminal Defense Lawyer would be a good idea.
Ok...so I borrow $100 for you, repay you only $75, you're not gonna be mad at me???? Or think I stole from you? That is what you did to the store.
As an employee - don't use the "I did not know I had to say I was an employee" line. I'm sure you were handed an Employee Handbook, which was your responsibility to read and abide by.
Now look at this too: You went to OTHER stores in the chain to make returns. In the eyes of prosecutor, this could be seen as Premeditated - aka, planned and intended - which could makes your charges more serious.
I'd get that lawyer. Also plan on the possibility that the store enters info into the National Retail Theft DataBase.
Re: Employee Retail Refund Fraud
Your explaination makes complete sense. Now, my question is what would a lawyer do for my case? I am not going to deny any wrong doings. Is it to possibly reduce the charges? Also, do you think there is any chance that they would want to search my house since they suspect that I have been stealing products from them (which I am not)?
Re: Employee Retail Refund Fraud
This is considered Retail fraud. Depends on the amount and state for actual charge.
Re: Employee Retail Refund Fraud
A lawyer may get you a plea deal.
Most Criminal Defense Attorney's offer a free initial consultation. I suggest you get one.
Re: Employee Retail Refund Fraud
So far, I have not heard anything from the company yet. I spoke with the lost and preventions manager on Friday. What should I do? The last time I spoke with her, she had told me that she would have to consult with her boss to see whether or not they want to keep me as an employee. Since then, I've already sent in a letter of resignation. However, no legal actions were mentioned. What do you suggest for me to do? I understand that they have up to a year to file for civil actions and report the criminal act. Is it smart to ask if they are going to do so? Or just leave it be and hope for the best? Also, will a cop really show up at my door if they were to press charges?
Thanks you.
Re: Employee Retail Refund Fraud
Does any one know which CA code section covers return fraud? I searched the Penal code and found nothing.
Re: Employee Retail Refund Fraud
Do a search for California Retail Fraud Law. You can also search within the State of California website.