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What Should I Accept in Gift Card for Being Falsely Accused of Shoplifting

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  • 04-06-2010, 12:21 AM
    castaneda_1989
    What Should I Accept in Gift Card for Being Falsely Accused of Shoplifting
    Yesterday I was falsely accused of shoplifting. I was stopped on the way out of the store by a undercover security gaurd. They thought i was stealing because I they say I didnt stop to get a sticker on an item I was thinkin of returning. In fact the moment I walked in the store I spoke to an employee who said I was fine. they made me go in their detention room and questioned me when I showed them my receipt they realized I was rite. I called and complained to store manager for them harrasing me because I seen soemone walkin by me a few times in the store but didnt thnk much of it. The head of security or manager is suppose to call me back to resolve the issue. I am wondering what is a reasonable amount they should give me for this hassle and humiliation?
  • 04-06-2010, 12:26 AM
    pinky54656
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    It depends on the store I guess. Could you be more detailed as to what exactly happened in the store? And what state are you in?
  • 04-06-2010, 12:36 AM
    castaneda_1989
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    I am in California. I went in to possibly exchange a pair of pants that I bought at a different location a few days earlier. I tried on 4 different pairs didnt find anyhting so i just bought a soda and left with the ones i came in with. While I was looking around I notice someone walk by me 3 times. The third time i seen the earpiece in his ear didnt think much of it though he was just servailing the area. When I was walkin out a security jumped in front of me with his badge and told me to go into the room. I told them I had not done anything that I had my reciepts. They finally checked it realized I was rite. I asked them what do I get for this hassle they said well we have to check everyone who doesnt get a sticker. I told them that it was not my fault it was the employee that i had tryed to get a sticker. They would have knon this had they checked there cameras...
  • 04-06-2010, 12:45 AM
    pinky54656
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    Stores have cameras everywhere. They will check to make sure you really did come in with the item to be exchanged. Employers do have a right to stop and question anyone for a reasonable amount of time. Legally, there is nothing you can do. It's their right. In criminal court anyhow. (Someone here can probably give you the statute number regarding shopkeepers right to detain). But you could file a Civil lawsuit. But if there was no physical contact or you weren't detained for an unreasonable amount of time, I doubt you would win any kind of lawsuit.
  • 04-06-2010, 12:49 AM
    castaneda_1989
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    yeha i dont want to go through all taht thats why id rather just settle it with a gift card but i dont want them to just give me a little amount thats why i was wonderin what would be reasonable
  • 04-06-2010, 03:01 AM
    Security Consultant
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    Here's the parts of the California Merchant Statute, that apply to your case. From what you described, I don't think you have a case. The only reason they would give you a giftcard is to retain you as a customer - not because they have done anything wrong. From what you wrote they have complied with the statute.

    490.5. (f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises.

    (2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of non-deadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.

    (3) During the period of detention any items which a merchant.. has probable cause to believe are unlawfully taken from the premises of the merchant.. and which are in plain view may be examined by the merchant.. for the purposes of ascertaining the ownership thereof.
  • 04-06-2010, 09:43 AM
    Texasfatboy
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    You should expect a sincere apology from the store manager and nothing more. However…as stated above, you may get a gift card in an attempt to keep you as customer.

    Based on your statement, it sounds like store personnel were acting in good faith considering the circumstances. Once they realized a mistake had been made, they immediately released you….and most likely apologized for the inconvenience.
  • 04-06-2010, 10:21 AM
    castaneda_1989
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    I didnt really think I had any type of case either. Also I would have been fine if they had apoligized for making a mistake but they didnt and were really rude. I just think if they had the time to watch me walk around the store why could they have not tooke the time to check their cameras and see that I indeed stopped the moment i walked in the store with that bag. They also could have just ask politely if I had my receipt before jumping to conclusion when they didnt even do their research. Once they apologize and give me a gift card to keep me as a customer then I will be fine with it. But I have already waited 2 days for security to contact me back. I guess I just dont see why i was targeted and I dont think as a customer who goes there 2 to 3 times out the week and I spend my money there that I should have been confronted like that.
  • 04-06-2010, 10:23 AM
    Security Consultant
    Re: What Should I Accept in Gift Car for Being Falsely Accused of Shoplifting
    We are all free to shop elsewhere.
  • 04-06-2010, 06:22 PM
    tekmill
    Re: What Should I Accept in Gift Card for Being Falsely Accused of Shoplifting
    You should expect nothing as you've earned nothing. They wasted some of your time, you wasted theirs....Just move on and appreciate the fact that there is somebody watching. Now if this happens again....
  • 04-06-2010, 10:22 PM
    pinky54656
    Re: What Should I Accept in Gift Card for Being Falsely Accused of Shoplifting
    I don't know if you will get a gift card or not. I personally wouldn't ask for one, they were just working in the scope of their job. Losing you as a customer won't affect the bottom line unless you are spending 1000's of dollars there.
  • 04-08-2010, 02:50 AM
    tc498
    Re: What Should I Accept in Gift Card for Being Falsely Accused of Shoplifting
    If I hear no answer I would go up the ladder b.c if you were polite and tired to explain you didn't nothing wrong,they shouldn't of been disrespectful to you. They should apologize at least,it's probably best to also contact someone out side of the Loss prevention. Maybe you get a quicker and more concern about the issue then some from the lp staff.
  • 04-08-2010, 05:09 AM
    PandorasBox
    Re: What Should I Accept in Gift Card for Being Falsely Accused of Shoplifting
    They should apologize, sure.

    Explaining you didn't do anything....well, unfortunately, LP and even cops hear that every day....

    Just accept an apology, and don't expect money from it. The LP people were just doing their jobs.
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