[Nilla]

Hello,

Recently my girlfriend was working part time at a place in the mall. One night a secret shopper (mall private investigator) came by as she and another employee were closing leaving the store to go do the deposit for the end of the night, this lady asked to look through there purses.
They both allowed her to do this. In my girlfriends purse she found a half used lip gloss which she had purchased about a month ago at the same store she was working for and the purse she had was also purchased from the store previously.
The secret shopper then considered it theft because she didn’t have a receipt for either item, even though there were items she’d had for a while and didn’t steal.
She then called the store owner who said it’s considered theft and to proceed to give her a court date with the intention to press charges of theft.

It was mentioned to her when she started working there that she needs to keep all of her receipts for anything from that store, however she didn’t think of it and obviously did not keep them, as these items were both under $10 anyway.
The weird thing is that this store gives all their employees 3 FREE accessory items (no purchase required, ie: no receipt) every day they work. Which means she has no receipt for many things from this store.

Anyway, this case was dropped recently. However they are now issuing another court date for her for a new case which they are trying to again charge her with theft.
The day after the first issue happened my girlfriend had arranged to pick up a bag if items she had bought from another store the day before which she left out back in the store and was not able to go back and get.
Beside the items purchased from the other store she had set aside (NOTE: these items were not inside her bag of purchased items from the other store. They were simply set aside which is what they are supposed to do when they plan to purchase) a couple pieces of clothing from her store of employment which she had planned to purchase.
An employee at this store (who doesn’t get along with anyone) is the one she’d arranged to pick up her purchased items from the next day, told the police officer that the items which were set aside for later purchase were inside of her bag of purchased items (as if she was going to steal them).

So now there trying to charge her for stealing the items she had set aside in the back of the store, saying she had them inside of her bag. Even though she didn’t and even though these items never left the store with my girlfriend.

I should also mention that upon the issue of court appearance the first time they also fired her from the store, banned her from entering any store of that name (for good) and also banned her from the property of that mall for 6 months.

The police officer who issued these court appearances (not the secret shopper) told her that most likely these attempted charges will be dropped as well.

However my question is can we sue this store or something along those lines to bring justice forward because of the fact
#1 That she didn’t steal anything and they can’t prove anything
#2 This has caused embarrassment and stress to my girlfriend because of the thought of conviction which can mess up her career, traveling etc etc
#3 Because they banned her from the mall, fired her from the store, and banned her from entering any property of this store chain.
#4 Because I don’t know what all the laws are but none of this whole issue makes any damn sense and is extremely stressful for my girlfriend as she has a very shy personality and tends to worry a lot, even about this issue knowing she is innocent.

If we can do something, do you think it’s worth it?
I am willing to spend money obviously on a lawyer so that justice can be served and this store owner (and the employee who tried to frame her) will know not to treat employees and/or anyone this way again.
However I also don’t want to break the bank to do so and even if I could sue for enough to break even (paying the lawyer fees and whatnoe) I would be more than happy with that.

I’m not looking to make money here but serve justice, however obviously if it’s possible to sue for more than a break even point I wouldn’t arugue.

Hopefully this all makes sense. I so greatly appreciate your time and responses and would like to thank you in advance.

[Fr_Chuck]

While you supplied a lot of info, a few things don't match,

If she was fired after the first time she was caught, how did she get caught a 2nd time?

I doubt that a "mall" ban could be upheld, and she would need to go and actually be removed from the mall. Then you may have a case against the mall. Next of course any store can legally refuse a person service, so no case there.

There can be no case against the police, since they are only using probable cause or a warrant was asked for by the store owner.

Next please stop calling them secret shopper, they would be under cover security. A secret shopper is someone who goes around and buys things and makes a report about how the service is and the condition of the store, they don't do anything about arrests or illegal activities and can never tell anyone they are a secret shopper at the store.

1. on the first, she was warned to keep reciepts and did not, she had property that could be considered stolen, so they had good reason to suspect her.

You may be able to sue the girl who make the last complant for slander and libel ( esp if she wrote this in a police report) After of course she is found not guilty.

[excon]

Hello Nilla:

It's a long sad story. Of course she can sue. Can she win is the question. Go lawyer shopping. If you find someone who will take the case on a contingency basis, then go for it. A contingency means that his representation will be free unless you win. That's not a bad deal. If you find a lawyer who will take the case but wants to charge you hourly, run away.

excon

[ScottGem]

I think Chuck misread something. From what I understood, she was stopped by some security person (I agree it wasn't a secret shopper), who found items that were sold in the store on her person. This security person then contacted the store owner who confirmed he thought this was theft. At that point a police officer was called in to write up a report.

When she went to retrieve items that she left in the store from another store, some tattle-tale claimed there were store items in the bag that she planned on stealing.

Do I have it right? I agree that a ban from entering the mall can't be enforced. I also agree that there is rather flimsy evidence to support a theft charge. Therefore, there appears to be a case for defamation of character and false arrest against the store owner. I agree with excon, find an attorney willing to take it on a contingency basis. The plaintiffs would be the store owner, the chain and the tattletale.

[Fr_Chuck]

Perhaps I did, sorry was going to respond but told to spread it around again.

It sounded like two separate events to me, I reread and it stlll did, maybe its just me

[Nilla]

Hey,

First, thanks for the replies.

Yes Scott Gem you got it right. She had a bag of purchased items from another store in the back of the store she was working at. Beside that bag was items from her store of employment which she had planned to purchase. So this other employee told the police that the stuff from her employment store which was set aside was actually inside of her bag of purchased items from the other store.
So she didn’t enter the store again Chuck, these items she picked up the next day as they were left in the back of the store because she wasn’t allowed to go back to get them.
The confusing thing about this attempted charge is that:

Lets say even if the items were inside the bag, they were in the back of the store and never left the store. So how could it be stealing, you have to walk out of the store without paying, in order for it to even be considered stealing.

The first attempted charge didn't make any sense either, as just because someone doesn't have a receipt doesn't mean you can "assume" it's stolen. If that was the case then you'd have to walk into every single store without any item that’s inside of that store.
Like if I had a half eaten pack of gum (as her lip gloss was almost fully used) and walked into a grocery store with it and on my way out they say this is a stolen item?

I know the manager told her to keep receipts but for such a petty item she didn't. However how does the keeping of receipts make any more sense when that store actually gives each employee 3 FREE items every single day you work for them?
I could see them giving maybe a warning for her to keep all future receipts or something, but there is no right for them to assume this item was stolen and cause such embarrassment to her.

I sure do hope that we can win this case as this has really caused her stress and embarrassment. The police officer who issued the court date was the one who got the first court date dropped as even she thought this was ridiculous. She told her to expect this one will be dropped as well.

I was thinking defamation of character and false accusations as you said Scott.
This whole thing baffles my mind, the cop said the store seemed set against pressing charges. The weird thing is that she got along great with everyone even the girl that doesn’t get along with anyone, she is a very easy going person. She’s the type of person you’d have to be jealous of, in order to not like her.
The only reason I can think they’d want to do this is because she had found a great full time position in the industry she went to school for and was then only able to work like1 day a week. However why wouldn’t you just tell her that?

So confusing and frustrating.

[CaptainForest]

Next please stop calling them secret shopper, they would be under cover security. A secret shopper is someone who goes around and buys things and makes a report about how the service is and the condition of the store, they don't do anything about arrests or illegal activities and can never tell anyone they are a secret shopper at the store.

I want to point out this line:

can never tell anyone they are a secret shopper at the store.

That is NOT always true.

I once worked somewhere and a secret shopper came around, tested me (although I didn't know she was a secret shopper).

At the end, she took out her id and told me she was a secret shopper and I past the test and gave me a “prize/gift” for a job well done. (our company liked to reward us).

She didn't physically give me the prize. Just a piece of paper which I then took after my shift to the main office where I got my prize.


Anyways…
I agree that is was not a secrete shopper, but rather an undercover security officer.

And I do agree with Fr Chuck, I read it as 2 separate events as well.

[Nilla]

I appreciate the replies and sorry, I tried to explain everything as clear as possible. Anyway I'm sure you guys have it all clear now.
Again sorry for calling them secret shoppers, some people call them mystery shoppers, private invesitgators etc etc
Regardless you all got the point of what I was trying to say so no need to nit pick.

Thanks for the help guys.