Legal Question in Civil Litigation in California
My friend shoplifted from a drug store, a big national chain drug store. He stole a soda and some candy. Please put all moral views aside and please answer from a completely legal standpoint. He walked to his place of employment a few doors down and went to his desk, ate the candy and drank the soda. He was called away from his desk by store security saying the drug store security was looking for him. He was taken aside by drug store security and asked to return the items. He went to his desk and for the empty can and candy wrappings and brought them to the drug store security who must have told his store's security what was going on. The drug store did not charge him but did make him sign something saying he would not come in that store, any of the stores in this chain, for a year. His employer questioned him, but definitely already knew the allegations. He admitted he had done it and admitted he had broken a rule about buying things with his company discount and had stole a few a small items. He also admitted that he had recently developed a drug habit and needed help. They suspended him while they decided what to do, and the fired him after 7 years of employment, six and a half of which he had been a faithful honest employee and had received 2 promotions. I am pretty sure they had no legal obligation to help him, even though I think they had a moral obligation. As I stated, I am not asking about morals. My question is did the drug store have the right to tell his employer or is he possibly owed damages by the drug store, since no criminal charges were filed? This was in California.
2 Answers from Attorneys
Your friend is a thief and a drug addict. He also used poor judgment in admitting guilt, volunteering to sign a confession, and in volunteering the information that he is a drug addict. The drug store did nothing wrong in communicating this truthful information to his employer, who did nothing wrong in firing him. Someone owes him "damages"? ROFL.
Any person can tell any other person anything that is true and there is no legal liability for that, unless the person who blabs is under a professional (doctor, lawyer, hospital, etc.) or contractual (non-disclosure agreement, etc.) obligation to keep it a secret.
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