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  1. #1
    Join Date
    Sep 2007
    Posts
    5

    Default Fired for Leaving Cash Drawer Unlocked

    My question involves labor and employment law for the state of: FL

    Hello. My brother got terminated from Walgreens earlier this month. Basically he accidentally left his cash drawer open, (it didn't latch when he tried to shut it) and coincidentally a lady noticed it and took about $150 from it I believe. He told me it was not planned and I believe him, he's not that stupid to risk his job for $150 but we also understand that he had to get terminated for this. They even were supposed to investigate whether he had something to do with it but I guess they couldn't come up with anything. When the loss prevention people came in they asked him a bunch of questions before telling him about the cash register incident. They asked him if he ever took anything from the store without paying for it and he admitted to taking a candy bar or bag of chips from time to time.
    Now, we received a letter from an attorney representing Walgreens asking to settle for $200. We called and they say it's for the stuff he admitted to taking, not the cash register thing. My question is, can they really ask for a random amount of money for stuff that they have no proof he took other than what he told them? What happens if we refuse to pay it. Is the letter just to scare him into paying something?

  2. #2

    Default Re: Walgreens Claim

    Quote Quoting Lemac
    View Post
    My question involves labor and employment law for the state of: FL

    Hello. My brother got terminated from Walgreens earlier this month. Basically he accidentally left his cash drawer open, (it didn't latch when he tried to shut it) and coincidentally a lady noticed it and took about $150 from it I believe. He told me it was not planned and I believe him, he's not that stupid to risk his job for $150 but we also understand that he had to get terminated for this. They even were supposed to investigate whether he had something to do with it but I guess they couldn't come up with anything. When the loss prevention people came in they asked him a bunch of questions before telling him about the cash register incident. They asked him if he ever took anything from the store without paying for it and he admitted to taking a candy bar or bag of chips from time to time.
    Now, we received a letter from an attorney representing Walgreens asking to settle for $200. We called and they say it's for the stuff he admitted to taking, not the cash register thing. My question is, can they really ask for a random amount of money for stuff that they have no proof he took other than what he told them? What happens if we refuse to pay it. Is the letter just to scare him into paying something?
    From what you posted it sounds like there is more to it. I think Walgreens "built" the admission. Meaning he ended up telling them just how many bags of chips and candy bars he could remember taking. Everybody who has stolen multiple times from an employer remembers the first and last time they committed a theft. It's the middle that becomes fuzzy.

    Yes they can charge him for the amount based on his admission. If he doesn't want to pay it, don't - and he will find out how serious they were.

    The $150 amount of the register loss probably isn't included if they couldn't prove he was involved. They had enough to terminate him for a gross violation of company.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Walgreens Claim

    the fact is; they did not need anything to actually terminate him to begin with. He did not need to answser any questions he did not want to answer as well.

    As Missy stated, if the son wants to argue the $200, then plan on spending many times that with an attorney to defend the shoplifting, conversion, or theft charges that could very well follow.

    In other words; whether the charge is just or not is not really relevent. They do have the rights to ask for payment of the merchandise he did steal (and yes, he did steal from them). The $200 can be looked at as simply; it's a cheap route to end any association with Walgreen's. The costs involved with arguing the point would most assuredly be much greater.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Walgreens Claim

    Quote Quoting Lemac
    View Post
    Now, we received a letter from an attorney representing Walgreens asking to settle for $200. We called and they say it's for the stuff he admitted to taking, not the cash register thing. My question is, can they really ask for a random amount of money for stuff that they have no proof he took other than what he told them? What happens if we refuse to pay it. Is the letter just to scare him into paying something?
    True, they can not ask to be reimbursed for the theft.

    If you have raed some of the posts on this board, you know about Civil demands and shoplifters.

    The crux here focuses on whether an "admission" is the = of an "in the act apprehension". A Civil court only requires, most of the time, the Plaintiff, here WG, prove it's case by a "preponderance" of the evidence". An admission would seem to satisfy this burden of proof!!

    Option 1, refuse to pay.

    Result of 1: get sued. You can always recant your admission, true, but If a denial is then stated in open court/papers, IF such were a true statement to WG at the time, and they can prove it, then a perjury charge could be "possible". Does not seem worth the risk.

    You have to decide what course is best remedial.

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