Results 1 to 10 of 10

Hybrid View

  1. #1
    Join Date
    Jun 2009
    Posts
    3

    Default Legal Obligation to Inform Me

    My question involves criminal law for the state of: Utah

    Myself and my girlfriend worked for the same company, and were let go due to "Refund Fraud/Discount Fraud" After speaking to the loss prevention rep, I was told that I cost the company $x.xx and if I would be willing to pay it back? I said yes, and paid it (feeling that it would help my chances in keeping my job). No police were involved or anything like that, but they still decided to let me go. The same thing happened with my girlfriend as well. Only they said that she did not owe them anything, no police were involved or anything like that. So we just both thought we had lost our jobs and that was the end of it. Later on she had tried to apply for another retailer, and when they did a background check, the company we previously worked for came up with a case. She got the letter in the mail with all the details stating what the report was. The incident amount even stated $0.00! Now the thing is, neither of us knew about this report, or anything like that. And it is affecting us both at getting some jobs. My question is, doesn't the company that made that little ding on the record, have to in some way inform us of putting it on there? And even then, why would it even need to be reported if the incident is $0.00? So just wondering your opinions and also if they are required to notify us of putting that mark on our background reports?

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Legal Obligation to Inform Me

    Quote Quoting Dershley
    View Post
    My question involves criminal law for the state of: Utah

    Myself and my girlfriend worked for the same company, and were let go due to "Refund Fraud/Discount Fraud" After speaking to the loss prevention rep, I was told that I cost the company $x.xx and if I would be willing to pay it back? I said yes, and paid it (feeling that it would help my chances in keeping my job). No police were involved or anything like that, but they still decided to let me go. The same thing happened with my girlfriend as well. Only they said that she did not owe them anything, no police were involved or anything like that. So we just both thought we had lost our jobs and that was the end of it. Later on she had tried to apply for another retailer, and when they did a background check, the company we previously worked for came up with a case. She got the letter in the mail with all the details stating what the report was. The incident amount even stated $0.00! Now the thing is, neither of us knew about this report, or anything like that. And it is affecting us both at getting some jobs. My question is, doesn't the company that made that little ding on the record, have to in some way inform us of putting it on there? And even then, why would it even need to be reported if the incident is $0.00? So just wondering your opinions and also if they are required to notify us of putting that mark on our background reports?
    In a word...No.

    They have the same obligation to inform you about what they will report to other potential employers that you had to steal from them ~ NONE.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Legal Obligation to Inform Me

    If your girlfriend signed a document indicating that she participated with you in the scheme to defraud the store, but that she did not personally profit from the scheme, it would follow that they're reporting her based upon her confession (she participated, but states that she cost the employer $0).

  4. #4
    Join Date
    Jun 2009
    Posts
    3

    Default Re: Legal Obligation to Inform Me

    We did both fill out documents, and write down everything but happend. We were both told that doing so would give us better chances of keeping our jobs. However, while my girlfriend was on the phone with the Loss Prevention rep, the District Manager was standing over her shoulder telling her word for word what to write down. She was told if she didn't write down what he said, she would lose her job. So she did as she was told (thinking she would be able to keep her job), but was still let go, and the mark was put on her record. The document was all put down in his words, not hers, which she didnt agree with what she was writing. The only reason she wrote it all, was to try and keep her job.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Legal Obligation to Inform Me

    The only reason she wrote it all, was to try and keep her job.
    Confessing to something you didn't do usually has the opposite effect of what one might think.

    In any case, if you gave your employee discount to people who don't work for the company, then you were let go properly. Most retailers are very specific with their discount policies, and violating them will get you let go for theft/fraud.

    It doesn't matter why either of you signed the documents. You violated policy, and now you're paying the consequences. Continuing to "explain" isn't going to change the answers.

  6. #6
    Join Date
    Jun 2009
    Posts
    3

    Default Re: Legal Obligation to Inform Me

    Let me clearify some things here. The incident was giving an employee discount to my sister, and my girlfriend gave one to her friend. No merchandise was actually stolen, and I had seen on numerous occasions other employees giving discounts to their friends, family members, and other regular customers.

  7. #7
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Legal Obligation to Inform Me

    Quote Quoting Dershley
    View Post
    Let me clearify some things here. The incident was giving an employee discount to my sister, and my girlfriend gave one to her friend. No merchandise was actually stolen, and I had seen on numerous occasions other employees giving discounts to their friends, family members, and other regular customers.
    Does not change my response.

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Legal Obligation to Inform Me

    Quote Quoting Dershley
    View Post
    Let me clearify some things here. The incident was giving an employee discount to my sister, and my girlfriend gave one to her friend. No merchandise was actually stolen, and I had seen on numerous occasions other employees giving discounts to their friends, family members, and other regular customers.
    What is stolen when you give people discounts they are not entitled to is MONEY.

    You know... cash? Profits. That that they use to pay you on payday?

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

    Default Re: Legal Obligation to Inform Me

    One thing: If someone is ever having you (or your g/f) write something dictated, then sign it, you do have the right to add "Signed under Duress".

    Now....as for giving discounts: An Employee Discount is for the EMPLOYEE, not for their friends, family members (unless authorized).

  10. #10
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: Legal Obligation to Inform Me

    You say something that I find really interesting, "doesn't the company that made that little ding on the record, have to in some way inform us of putting it on there? And even then, why would it even need to be reported if the incident is $0.00?

    I hope you have figured out that you and your friend put the so called ding, on your records not the store. If you were caught and admitted they can do whatever they want without informing you when it comes to databases, police, etc.

    If your friend stood by and watched as you kicked someone to death even though she never placed a kick, would she still not be responsable to some degree? Of course and the same as in this case. It proves she can not be trusted and no one in retail wants someone like that.

    1. Sponsored Links
       

Similar Threads

  1. Tuition: Any Legal Obligation to Pay Back Tuition to My Parents
    By Troop011 in forum Debts and Collections
    Replies: 2
    Last Post: 12-16-2010, 01:28 AM
  2. Replies: 2
    Last Post: 12-16-2009, 02:40 PM
  3. Legal Obligation to Put Father on Birth Certificate
    By Bloodiedrubies in forum Paternity Law
    Replies: 4
    Last Post: 03-23-2009, 02:27 PM
  4. Court-Appointed Lawyers: Public Defender's Obligation to Inform Defendant of Possible Alternative Dispositions
    By nite_riderusa in forum Criminal Defense Lawyers
    Replies: 7
    Last Post: 11-16-2007, 05:40 PM
  5. Probation and Parole: Moral Obligation to Inform Probation Officer
    By autumndawn1977 in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 04-19-2006, 07:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources