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View Full Version : My 61 yr old mom's been charged w/theft under 5K


AnjB41
Jun 29, 2009, 09:51 PM
My mom's worked the graveyard shift at a gas station/convenience store for the past 6 yrs. Emplemplary employee - always on time, never misses shifts. The customers love her. This morning I met her for breakfast and she began crying, asking if there was anything in the world that she could do to make me not love her anymore... and then she dropped the bombshell "I'm in trouble - I got fired this morning!" "I've been charged with theft under $5,000 (CDN). My immediate thought was OMG, and then my brain automatically went to stealing money from the until (she's always had a problem with paying bills and hiding unpaid bills until they get to the point of disconnection - ie: phone, cable). I asked her what they caught her with (it's apparently on the stores security camera), she said a pair of sunglasses and some cigarettes. Her employer said they were going to make an example of her and show all employees the video. Her court date is August 19th. She's 61 and she's never had so much as a speeding ticket. We live in Alberta, does anyone know what can she expect when she gets to court, especially given her age (she suffers from hypertension (high blood pressure) and has never fully recovered from a massive heart attack 3 yrs ago)?
:(

TOJoe
Jun 30, 2009, 01:33 AM
Has she made a statement yet?

JudyKayTee
Jun 30, 2009, 06:26 AM
She shouldn't talk to anyone and she should get a good Attorney immediately. This is nothing to guess about or handle yourself, particularly if the store has taken a hard stand on employee theft.

jenniepepsi
Jun 30, 2009, 09:47 AM
Get a lawyer.

Also, on a side note, make sure she tells her lawyer about the companys intent to publicly veiw the video to the other employees... this doenst sound legal to me... but I could be wrong.

AnjB41
Jul 1, 2009, 12:11 PM
Has she made a statement yet?

The RCMP were called and she's been charged. As to whether she's made a statement, she hasn't told me.

AnjB41
Jul 1, 2009, 12:18 PM
She shouldn't talk to anyone and she should get a good Attorney immediately. This is nothing to guess about or handle yourself, particularly if the store has taken a hard stand on employee theft.

There's no way in the world she can afford an attourney. I'm thinking she'll have to refer to Legal Aid. I'm certainly not going to try and handle myself. I've done some initial research for her online wrt Alberta Employment Standards and have provided her with contacts to help her prepare and deal with this. She called her employer on Tuesday as it was payday, and they've indicated that they're not going to pay her. It's my understanding that regardless of whether she was terminated for just cause, the employer still must pay her up to her last day of employment within 10 days of termination. Any restitution would be determined at her court date. She is after all innocent until proven guilty. Being charged with a crime is not the same as being convicted of a crime.

TOJoe
Jul 1, 2009, 11:17 PM
No statement is good. You should definitely talk to legal aid. There is no way you can deal with this on your own. As of right now she should probably stop communicating with her employer and find a lawyer who can give her a better understanding of what is coming up next. It's a tough process but having the right person guiding you will make it easier. Good luck.