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  1. #1

    Default Employee Retail Refund Fraud

    My question involves criminal law for the state of: California

    Scenario:
    My store has just caught me for (1)not disclosing that I am and employee while shopping at other locations. (2)For returning an item twice (not the same item, but two identical items) with the same receipt and they both went back onto my credit card in the amount of $164 each. (3)Returning merchandise that were bought using an employee discount and received merchandise credit of $114.

    I have agreed to repay a total of $278 ($164 for #2 and $114 for #3)

    There are also instances where I have made purchases and returns as well, but all were within store policy, aside from the fact that I did not tell them I was an employee.

    Bare in mind that ALL of these transactions were done without me mentioning that I am an employee, which is against company policy. (But one that I was not aware of.)


    Questions:
    1. What other legal remedies is the company lawfully allowed to pursue?

    1. I know that this is highly unethical, but was any part, if not all, of what I did illegal?

    1. If it is illegal, is it considered a felony or a misdemeanor?


    Side Note:
    They are suspecting that I stole or allowed someone I knew to steal products from the store for the returns. I have not done such things. Thus, they will not have evidence of it. However, my store does not have surveillance cameras. So, if inventory came out short, will it be my word against theirs?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Employee Retail Refund Fraud

    1. They can call the police and report a theft.

    2. Yes. I am guessing that you bought one product for full price and one at a discount... and then used the single receipt trick to get them both returned as full price. I am guessing that you didn't tell the other stores you were an employee so that the returns would be for full price and not for the discount you received. Why would you not think this was stealing?

    It is pretty simple... did you get more money back than you paid?

    3. good question. Low enough dollar amount for a misdemeanor but several occasions. Probably a misdemeanor.

  3. #3

    Default Re: Employee Retail Refund Fraud

    Yes, I got more money in the form of merchandise credit than I had paid for in US Dollars. I really don't know what I was thinking. I didn't think that it was stealing because I wasn't physically taking the products out of the store without paying for it.

    Lesson learned. The very hard way, might I add.

    I am not denying the fact that I am in the wrong and will not be fighting the charges, whatever they may be. Should I be looking into getting legal representation?

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Employee Retail Refund Fraud

    Getting a Criminal Defense Lawyer would be a good idea.

    Ok...so I borrow $100 for you, repay you only $75, you're not gonna be mad at me???? Or think I stole from you? That is what you did to the store.

    As an employee - don't use the "I did not know I had to say I was an employee" line. I'm sure you were handed an Employee Handbook, which was your responsibility to read and abide by.

    Now look at this too: You went to OTHER stores in the chain to make returns. In the eyes of prosecutor, this could be seen as Premeditated - aka, planned and intended - which could makes your charges more serious.

    I'd get that lawyer. Also plan on the possibility that the store enters info into the National Retail Theft DataBase.

  5. #5

    Default Re: Employee Retail Refund Fraud

    Your explaination makes complete sense. Now, my question is what would a lawyer do for my case? I am not going to deny any wrong doings. Is it to possibly reduce the charges? Also, do you think there is any chance that they would want to search my house since they suspect that I have been stealing products from them (which I am not)?

  6. #6
    Join Date
    Aug 2009
    Posts
    28

    Default Re: Employee Retail Refund Fraud

    This is considered Retail fraud. Depends on the amount and state for actual charge.

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