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  1. #1
    Join Date
    Sep 2012
    Posts
    3

    Default Fraudulent Returns and Theft of Merchandise from Employer

    So I was recently arrested at my job for return policy abuse.

    I returned merchandise that I owned previously for full value, for store credit, only to turn around and buy more merchandise with the store credit.
    I did it here and there for a total of 2 years, and they finally sat me down and fired and arrested me for it. I also returned (Not as much as merch I owned myself) merchandise that I found in the store, that wasn't in the store's inventory, therefore couldn't be sold by the store because it didn't belong to them, for store credit. I never returned any of the items in question for cash value or anything profitable except to purchase more of the items in the store. Over the 2 years, it built up a total of over 1 grand, maybe a little bit more, maybe a little bit less. I'm not sure yet, because I have no idea what my full charges are yet. The court date is September 27th. They took a statement down when I got called to the back to talk to LP about it. But there was no lawyer present or law enforcement. Is that statement viable in court?

    My question is. Is that considered theft? Is that considered a felony? Will I get charged a felony for what I did? I need all the advice I can get.
    Basically, what should I do? I know I need a lawyer for this. But that's all I know. How should I approach this situation?

    Any help would be appreciated! Thanks.

    EDIT: Forgot to mention.
    When I was arrested, it was only a misdemeanor charge at the time, because at the time they only had 4 months of backlog of returns I did printed up that I confessed to doing. And I was arrested for a 109 dollar misdemeanor. Will they be able to go the whole 9 yards and look up my past 2 years of returns, and get me on that?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Return Policy Abuse

    What state did this occur in?

    The short answer is that in CA you could be charged with all manner of larceny including 2nd degree burglary, embezzlement, grand theft, and possibly a number of other offenses as well ... perhaps one burglary per incident! While the laws of your state might vary, chances are you face some very serious criminal offenses and really need to consult legal counsel immediately.

  3. #3
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Return Policy Abuse

    Louisiana.

    75% of the returned merch was my own belongings though.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Return Policy Abuse

    You should expect them to look back at every transaction you've ever made.

    (Those which are still accessible, anyway)

    You do need to speak with an attorney.

  5. #5
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Return Policy Abuse

    Should I try and settle? I just don't want this to appear on my record because it would really hinder my chances of ever getting a job. Sure, I made a huge mistake. Doesn't mean I'll do it again.

    Would I be able to even get this expunged of my record?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Return Policy Abuse

    I know it's easy to say (now that you've been caught) that you won't make the same mistake again.

    But this wasn't just one time (which would have been bad enough) - this was repeated, habitual behavior. Over the span of two years. That's not a mistake. A mistake is putting on oddly colored socks in the morning. These were deliberate and calculated actions.

    You NEED an attorney.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Return Policy Abuse

    Info in Louisiana expungement:

    http://www.smith-john.com/expungements.htm

    (I'm not affiliated with or promoting that site, it was the result of a painfully short and simple Google search)

    And more here:

    http://expungement.uslegal.com/expun...pungement-law/


    Veni, vidi, googli....

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Return Policy Abuse

    Oh, and just for the record:

    Despite a persistent and completely erroneous rumor to the contrary, it will be 100% legal for your employer to say to any prospective employers, "Oh, Iceblue? He was fired for theft".

    And if you're planning to leave that employer off your resume/application, you'd better be prepared to come up with a supportable answer for what you've been doing for that two+ years, since a gap in your employment history will be an immediate red flag to any hiring manager.

    In other words, it's a bit late to worry about how this will affect future employment.

  9. #9
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Return Policy Abuse

    From what I have researched....an employer can do a government search for your entire work history....so that gap will show.....

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