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  1. #1
    Join Date
    Feb 2011
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    6

    Default Accused of Shoplifting, Missed Work

    My question involves defamation in the state of: CA

    Last Nov. I was shopping at a department store. When leaving the store I was grabbed by the store's loss prevention officer who accused me of shoplifting. He grabbed and held me, and refused to let go. He called security and the police on me. I was on my way to work, which I missed because of this. After an hour of dealing with security and the police, the police let me go without any charges (I didn't steal anything, they let me go with the merchandise I purchased that they had originally accused me of stealing).

    The loss prevention agent that grabbed me did make me sign a No Trespassing agreement.

    I've gone back to the store and spoke with the manager of the store to have this sorted out, who said that there wasn't a No Trespassing form for me on file and there was no record of the incident. I tried contacting the Loss Prevention district manager for the department chain, who never contacted me. I sent a letter to their corporate offices, which after a month I haven't heard back.

    I'm wondering if I have any legal options.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Accused of Shoplifting, Missed Work

    Legal options for what?

  3. #3
    Join Date
    Feb 2011
    Posts
    6

    Default Re: Accused of Shoplifting, Missed Work

    Options for compensation. For missing work, being grabbed and physically held, accused of being a thief and had the police called on me, all in public at the mall.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Accused of Shoplifting, Missed Work

    It sounds to me like it was a bad stop from a policy standpoint but I don't have all the details. Most companies recognize that when their LP person screws the pooch, they need to do something for the customer. It normally takes very little squeaking to get the wheel greased.

    You said the LP person grabbed you and then called mall security? LP people don't usually require/ask for the assistance of outside security unless the subject is resisting.

    Did you speak to the LP manager about the trespassing form? The regular managers in many retailers don't know how to look that stuff up b/c LP is its own little world. If there is no record of the incident occurring at the store, have you contacted the police to see if the officer did any kind of report?

    It is possible that the LP person decided to pretend the whole thing never happened, i.e. not documenting it. Both of those things (the bad stop and covering it up) are grounds for termination in most companies. If there was no record, and the LP person in question has since been shown the door, that may explain the lack of communication from the company. They may still be investigating and consulting with their legal dept about what to do. I would imagine if the LP person isn't still there, he isn't going to cooperate if they call asking him about it. If he is still there, he may still be playing the "LA LA LA LA....don't know what you're talking about" game. If there is no evidence to prove it happened, they are going to be reticent to compensate you.

    Try finding a contact address for someone VERY high up in customer service and send them a letter, certified return-receipt. That may get you some further action. Do NOT threaten any kind of legal action in the letter. That can cause them to circle the wagons and further frustrate things. Just explain what happened, who you have spoken to about it and that you are hoping they will do the right thing. If you're lucky, they'll contact you and either a. make an offer for you to go away or b. ask you what you want to go away. If they do and you accept, expect to a. be required to sign a hold harmless letter (basically that all parties agree the matter is closed and you will take no further action) and b. NOT get cash. It is almost unheard of for them to give cash. Normally it's in the form of store credit....so they're not really losing any money on the deal.

  5. #5
    Join Date
    Feb 2011
    Posts
    6

    Default Re: Accused of Shoplifting, Missed Work

    a couple days after the event I spoke with the store manager in person. He said that LP doesn't report to him, but that he will talk to the LP district manager about what happened and have that district manager call me. A few days later I got a message from the store manager, who said that he talked to the LP district manager and there is no record of the incident and that there wasn't a no trespassing form with my name on it. He of course told me that I'm welcome back to his store anytime.

    I was hoping that the LP district manager was still going to call. I gave him a couple weeks. After I hadn't heard anything, I decided to write a letter.

    I typed up a letter explaining what happened and explained that I felt I deserved some kind compensation for what happened. I left my contact information and requested that someone contact me about the incident. I addressed it to their corporate office and mail it as certified return-receipt mail. I got a return receipt a couple weeks later. This was back at the end of December. I gave them all of January to contact me but haven't heard anything.

    So that's where I'm at

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Accused of Shoplifting, Missed Work

    Well then except the fact that your not going to get an apology and your not going to get any money from the company unless you pony up a few hundred dollars to have a lawyer write a threatening letter that you are going to sue.

    If you do decide to go the lawyer route remember that you may be out more money then what you may receive from the company and if the company calls the lawyers bluff, you will need to spend thousands of dollars to bring this situation to litigation.

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