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  1. #1
    Join Date
    Dec 2010
    Posts
    4

    Default Improper Use of Employee Discount

    My question involves criminal law for the state of: Texas
    Last night, I was terminated for using my employee discount on a purchase made by a friend that has lived with me for several months. Policy is that only BLOOD RELATIVES that you live with can use your discount. I repaid the discount on my way out, which totaled $9.27.
    Is everything over? Or will the following seriously compound a simple screw-up?
    ... May 2001, I was arrested for shoplifting: Misdemeanor Class B; Theft of Property >=$50, <$500 [per Texas Statute Code 31.03(E)(2)(A1)]
    Harris County court ruled that my case be disposed in deferred adjudication. Immediately after court, I paid all monetary fines and reimbursement charges in cash, up front. I was placed on community supervision for 9 months. After successful completion of the community supervision and other requirements (12 hours community service), the court dismissed the underlying charge and discharged me from community supervision requirements.
    This is the ONLY thing on my record.
    I am getting more nervous by the hour. Any info would be sincerely appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Improper Discount; Scared of Whats Next

    Is everything over?
    Maybe, maybe not.

    It's up to your employer's discretion, and no one here can predict what your employer will choose to do.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Improper Discount; Scared of Whats Next

    Your employment is likely "At Will" anyway, but your employer could terminate you for violation of company policy. Which also means you likely would not be eligible for Unemployment.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Improper Discount; Scared of Whats Next

    that will be the end of it

  5. #5
    Join Date
    Dec 2010
    Posts
    4

    Default Re: Improper Discount; Scared of Whats Next

    Thanks for the quick replies!
    I have already been terminated. My concern is whether or not loss prevention continues to investigate - or is it over & done? I am not concerned with Unemployment eligibility. I am concerned that they will find a stupid, regrettable shoplifting charge from 2001 & decide to charge me with retail theft, since the first offense (although singular & almost 10 years old) "compounds" my current situation.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Improper Discount; Scared of Whats Next

    My concern is whether or not loss prevention continues to investigate - or is it over & done?
    Once again, this is at your employer's discretion, and we cannot tell you what they will or will not do.

    Your prior charge only becomes relevant if your employer wishes to prosecute. They're not going to make a decision to prosecute or not based on whether or not you have priors - rather, they're going to base their decision on whether or not it will be worth pursuing civil damages versus just canning you and calling it good.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Improper Discount; Scared of Whats Next

    I dont even think you committed what any DA would term a crime .. under ten bucks ?? DA would likely say its a internal company issue.

  8. #8
    Join Date
    Dec 2010
    Posts
    4

    Default Re: Improper Discount; Scared of Whats Next

    Quote Quoting LawResearcherMissy
    View Post
    Your prior charge only becomes relevant if your employer wishes to prosecute. They're not going to make a decision to prosecute or not based on whether or not you have priors - rather, they're going to base their decision on whether or not it will be worth pursuing civil damages versus just canning you and calling it good.
    I don't expect you to know exactly what's going to happen in my case, say, a month from now, but I truly appreciate your advice. That being said, IN YOUR OPINION, is their investigation over? (Can't you tell I'm scared to death of them turning a simple screw-up into a Class A Midemeanor or Felony charge?!?!)
    I do not plan to step foot into ANY *second largest drugstore chain* store for a while -- ESPECIALLY the one I worked at. I have almost $20 in legit, valid Register Rewards that I'm just going to throw away. I cannot believe this...even though it was a pretty ordinary job, I enjoyed what I did as Beauty Advisor & really looked forward to at least a few years with the company. Now I'm blacklisted on that Retail Theft database, right?

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Improper Discount; Scared of Whats Next

    That being said, IN YOUR OPINION, is their investigation over?
    My opinion is irrelevant. I could tell you that they'll welcome you back with open arms if you're just contrite enough. That and $4 will get you a nice latte at Starbucks, and nothing more.

    Sorry. I'm here to give legally correct answers. Comforting people with "Oh, it will be OK!" when it very well might not be is irresponsible, and I won't do it.

    (Can't you tell I'm scared to death of them turning a simple screw-up into a Class A Midemeanor or Felony charge?!?!)
    Perhaps your fright will be good preventative medicine for you, and you won't put yourself in this predicament ever again. Call it a hard lesson learned.

    Now I'm blacklisted on that Retail Theft database, right?
    Maybe, maybe not. Not all retailers use the databases (there are more than one), and of those, not all of them report all incidences.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  10. #10
    Join Date
    Sep 2010
    Posts
    19,421

    Default Re: Improper Discount; Scared of Whats Next

    Quote Quoting LawResearcherMissy
    View Post
    That and $4 will get you a nice latte at Starbucks, and nothing more.
    $3 with the employee discount.

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