Unintentional Shoplifting from an Employer

[Firefire123]

My question involves criminal law for the state of: California.

So here is my story, i have already seeked advice from reddit but wanted to ask the advice of expertlaw

So I work at a retail store, nike specifically. Yesterday when I went to work there was an item that I wanted to purchase that was limited, and I knew that we only had one size left. Without thinking, I hid the product(pair of tights) in the back portion of my pants and put a jacket over it to prevent anyone from finding the product and buying, but one of my managers saw a part of it sticking out and asked "if I was wearing another later of clothes" so I panicked and explained it was my boxers. Then she informed the other managers but I managed to tuck it away and removed it from my possession. It looks like I was trying to steal it but I had the product in the middle of my shift, and i honestly had no intention of stealing it but hiding it. I only withheld it because it was a limited item that i knew we only had one more of, and wanted to use my employee discount to purchase the item at the end of my shift. (policy employees can only purchase items at the end of their shift) My other managers did not say anything to me when I left, what do I do if I get called in? Will I be charged for shop lifting?

More info: This incident occurred yesterday. I have not been into work since, nor have i been contacted or spoken to about. I am seeking advice, when i do get called in i was told i have two options 1) practice my 5th amendment to protect myself from incriminating myself/ tell them i want to talk to a lawyer or 2) i explain my story.

I have never done anything like this before and i already feel stupid and foolish for trying to save 40 dollars. The product's value was around 130 dollars.

[jk]

If you get anybody to believe that story you need to go into sales big time or be a hostage negotiator or a diplomat.

You could have asked the manager to hold it or maybe actually purchased it or a thousand other things that weren't something that actually looked like you were stealing it.

In in fact when the manager asked rather than lying why didn't you say you were holding onto it so you could buy it being the last one and all.


so what happened to the item? Did you walk out with it? I don't see where you ever said what happened to the merchandise but from the title I have to assume you did steal it.

[Firefire123]

I was in the middle of my shift and had no intentions of leaving the store. I have well over 2-3 hours before i could leave. As employees we are not allowed to put items on hold. I panicked, i didnt want to get in trouble and i was in the middle of helping a customer get shoes.

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I was in the middle of my shift and had no intentions of leaving the store. I have well over 2-3 hours before i could leave. As employees we are not allowed to put items on hold. I panicked, i didnt want to get in trouble and i was in the middle of helping a customer get shoes.

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i did not take anything that is my case, it looks like i had the INTENT to but i was not. I did not physically take anything

[jk]

Well, by not purchasing it at the end of your shift it really makes it look like you were intending on stealing it. Ya see, if you had followed through with your plan to purchase it, it would show your story you are telling here might actually be the truth. Given you didn't purchase it, it makes it look like you never had any intention of buying it.

[Firefire123]

i panicked and was afraid they would confront me for the incident, so i dropped it and tried to cover it up. Im in desperate need of help, how do i get myself out of this.

[jk]

Well, for some reason you seem to be quite confident there will be some action taken. Maybe you got lucky this time.

If you are asked about it I see two choices;

admit it the truth and hope the don't fire you or;

lie and and hope they don't discover the truth and fire you for lying about it.

I can't tell you what to say. It's going to have to be your decision.

[Firefire123]

from reddit i was told to not admit anything in the event that they try to charge me, and that my story might do more harm than good. Im stuck in between a rock and a hard place. What should do i do?

[Ohiogal]

You don't have a fifth amendment right at work. You can be fired for this situation. You can be fired for not answering questions. You can be fired for pretty much anything. You should realize that you might not have a job.

[cbg]

i already feel stupid and foolish

There's an excellent reason for that - you were both stupid and foolish. Personally, I'd have fired you on the spot. Your story has more holes in it than a piece of swiss cheese.

[Firefire123]

I don't have my 5th amendment at work? Now that sounds ridiculous. But I can explain, the reason why I held the item is because it was sought after by many people in the store, knowing this I wanted to ensure no one would find it because other employees went to the bad to search for it upon request.

Would it be a foolish thing to quit before I go back to work or would going back and being questioned and asking for a lawyer be the better thing to do.