Legal Question in Criminal Law in West Virginia

criminal law, shoplifting,

An employee at a mall retail store was fired after approximately 3 years of service. She was considered one of their best employees. A customer came in two different times and bought merchandise. The employee used expired coupons totaling $600.00 to lower the customers charge, a policy the managers at the store didn't advertise to all customers but had been encouraged on some occasions. Other employees had also used expired coupons for their customers which was common knowledge amongst the employees. Upon learning of the amount discounted to this one customer the employee was fired and asked to pay the amount back. During a meeting in which they fired her they also asked her to sign a statement saying she would pay it back without allowing her to discuss the matter with anyone outside the meeting. Fearing what trouble she would get into legally, she's 22 years old, she signed the statement agreeing to pay back the amount. The employee hasn't yet paid the amount back and is now receiving letters from the stores legal department threatening prosecution for shoplifting and doubled the amount to be paid back. Is this legal? What are the employees rights?


Asked on 4/13/07, 10:45 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: criminal law, shoplifting,

I am not sure whether this person has on Ohio or a West Va. problem. The advise would be the same and that is that she needs to talk directly to an attorney licensed in the State where the store is located.

If she is being threatened with criminal prosecution, she needs to know what her rights are and she will not find that out from the Store's attorney. She does not want to risk having any kind of a theft offense on her record. She also does not want to be blackmailed into paying something that she does not owe and then having it on her employment record.

Best advice? Contact an attorney ASAP and do not talk to anyone or sign anything more until she does so.

I would be happy to talk to her for a few minutes if she wants to call directly. No charge or obligation for the call.

Good Luck!

DHD

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Answered on 4/17/07, 10:09 am


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