Battery In Retail Environment

[johnefavorite]

I work at a retail chain. I had a customer come in and return an item for cash. He was unpleasant and sniping at me the whole time. When the transaction was completed I handed him the cash for the item he returned and then asked him to sign for a receipt that is required for by the company for us to give out cash returns.

He refused and walked out the store, we are located in the mall. I tried to get his attention and he kept on walking. I ran out and turned him around explaining that I needed a signature for the transaction he refused. (Note he was with his girlfriend at the time.) I asked the lady in an adjacent both to call mall security and I refused to get out of his way. At one point the gentleman took of his glasses as if he where preparing for a fight and gave them to his girlfriend. I asked him what he was going to do. Obviously this kept escalating. My manager/supervisor told me to just let it go, so I left.

Mall security eventually did come and he charged me with battery. I know that if I don't get signatures for those cash transactions that are returns that is a red flag for loss prevention, it proves the customer was actually in the store and that I am not simply taking inventory and cashing it in and pocketing it.

Sadly this transaction was only $5.99. However, I am suspended at best from my job, the reality is I will be fired. They are fearing he will bring a lawsuit against them. My manager asked for me to sit down with him and give him a breakdown of what happened. I told him that I know that anything I say would be used against me and that I would get him something later that day but it would be in my words. I don't want to incriminate myself and have the company go after me.

Unfortunately I really liked the job but I don't see anyway I can retain it. I do want to get the battery charges dismissed though. What route do I go about to do this? I know there is some leeway with approaching someone if they leave the store with merchandise etc. in the retail environment.
1. Should I give a very vanilla statement to my employer or is this a bad idea?
2. How should I approach my defense I have no criminal history.
3. I hate the idea of getting a battery charge on my record when this guy was acting the way he was.
4. What defense is there for retail employees when you have customers who are verbally abusive and take actions that potentially threaten my job?

Thanks

[aardvarc]

First, just curious why you didn't get a signature BEFORE handing him the cash? If the company policy on returns isn't explicit about this (something that should be obvious), it should be. No signature = no cash. Once the customer has cash in hand, they can choose not to sign and incidents like this are just waiting to happen. You don't get to play bounty hunter after the fact - the best case is to immediately notify a supervisor and let THEM know what went down with the irate customer (you'd obviously HAVE the returned merchandise at the counter to bolster your claim). Loss prevention folks are allowed to detain when a crime has been committed. YOU are not allowed to detain because of a breech of company policy when the customer hasn't committed a crime.

Second, don't believe everything you hear from mall security. Until you hear from the police or state attorney's office, you haven't been "charged" with anything. The customer might have filed a police report, claiming that you battered him, but if you never actually physically TOUCHED him, battery probably isn't really on the table and the probability of the case being picked up for prosecution for battery remains slim. HOWEVER, there might be grounds for charges of assault (making him feel threatened), maybe even attempted kidnapping (sounds strange I know, but cornering someone and not letting them leave has been known to result in such charges if the police are feeling creative). If you DID actually touch him, you might be in some hot water, and you should be seeking the services of a criminal defense attorney.