
Quoting
CoryD
I missed TWO important factors in my case. They need INTENT to steal for probable cause and sufficient evidence of a crime. Without INTENT to steal, they can't pursue the case; I'm going to get it dismissed come hell or high water.
1) I live at home, no kids, no car payment, no credit card payments, no medical bills, food is free at home. I made $1,350/month. No debt.
2) I'm an employee, not a customer. Employee theft is a total different scenario when it comes to INTENT and probable cause -- we work KNOWING we're being watched. With me, part of my job is to stop theft by watching the door; it's in my job description as the lead cashier in Garden Center. They HAVE to take that into consideration. My request.
* Most theft cases are people who steal something they want or need. Maybe they're poor and it's for their kids. Maybe they seen a $3.00 keychain and care nothing about law or ethics.
Where is the intent to steal, if they won't dismiss?
Either way one thing is for sure. I'm in this mess because Asset Protection said, almost in these exact words:
"We know Cory always pays for his consumed items at his register, but we noticed a few of those items were thrown in the trash and not paid for on his lunch or break as usual. We believe Cory has pretended to forget those items as a way of trying to get away with stealing from Wal-Mart"
....so where is the intent to steal?
Forgetting is grounds for a write-up or termination. Barely.
You don't call the cops on an employee who forgot to pay for his consumables - I don't care how many bottles of water it was. The right thing to do is call me into the office on the second bottle and mention that if it happens again I'll get a write up. That's policy.
I could see if it was a customer.
AP knew it and did nothing about it because they thought they could get me fired and arrested; like hunting for pray. I bet they sat their in the room waiting, thinking "come on, come on, just do it one more time and we can get you"
It was probably that mentality that caused them to wrongly and falsely accuse one of their own for a crime that their fellow business co-worker did not commit.
They owe me an apology.
(And I really am innocent, so I can demand that from them AND Wal-Mart)
BTW man, if I were to call corporate and say that I have been wrongly accused of theft and REQUEST A REVIEW OF THE VIDEO TAPES and DEMAND my job back, then they would probably hire me back at a 25 cent pay raise. Wal-Mart is a people-person down to earth company who takes very good care of their employees.
I should call corporate now that I think about it. It would look good in court if Wal-Mart admits they made a mistake and apologized for wrongly accusing their hard working employee for something as hilarious as bottles of water and a bag of chips.
LOL....