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      CommentAuthorGuest823
    • CommentTimeDec 28th 2013
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    Here's my story...i work at Sears, let me rephrase that.I use to work at Sears. I was currently and happily working there until the first few weeks have gone by and the manager told me to get my loyalties up which meant signing up people for the SYWR also known as Shop Your Way Rewards. As a cashier that is my job and also I needed to sign people up for credits. I knew when I first started working for them that I had to meet there quotas and that meant signing people up for high APR credit and siging them up for rewards. Now some of the customers who would purchase items and what not dont want to sign up for credit nor do they want to add there home add. telephone #, name blah blah blah...pretty much all their info. some people just didnt want to be hassled and some thought it was risky to add their info because of all this identity theft going on as well. Long story short I was getting chewed out by my store manager and how I was the second worst person on the store and that i was bringing her store down to the ground by not getting enough credits or signing people up for their rewards program. i decided to make my own SYWR at home online and when people decided not to signup for the rewards I would enter my cell # just so I could keep the loyalties up on the computer or the POS. Now I definitely knew this was wrong but I was tired of being harassed and constantly meeting with the store manager and pretty much verbally abused by her that I did it anyways. So a few months went by and I received an email saying I had 25 bucks to spend from my SYWR. I knew that it was accumulated from past purchases of customers who decided not to sign up and me entering my own cell # . I went ahead and redeem the points and bought 2 items online. A few days has passed now and when I went to work last week as I was coming back from lunch break LP asked if I would come to the office and I already knew what it was about but willing went..I sat down and there was another manager sitting and some guy from SYWR program representative. They briefly told me what Lp does and so on... and they asked if I knew what has happened and why they were here with me. I acted dumb of course and said i had no clue..but I was terrified inside.. well after they told me that they had evidence of me redeeming the points and asked what the merchandise was I told them I didnt know. So they told me to write a statement acknowledging what i have done but instead I didnt want to go to jail or get into a whole lot of trouble so I decided to write a resignation instead and the guy kept telling me if I wanted to write another statement this time stating what I have done and I kept saying no. After wards, they asked if I was going back to work and I told them no that I would be leaving as of now and they said don't forget to clock out.They also said that they would be handing over my case to the store manager and see what she would do from there. Another thing why I quit was to not have to hear her chew me out about this incident also. Now it's be a week and my store manager left me a voicemail saying she would like me to come in tomorrow and speak with me. My gut is saying no but I'm worried if I dont go the cops will show up at my door..some advice please and dont be judgemental...I figured I really have no more business in Sears and to why I should be meeting with her. Honestly yes I quit to avoid any prosecution but I'm afraid now that by doing so I am in more of a shit load then if I shouldve stayed. any advice would be much appreciated. Thanks
  1.  permalink
    I say just ignore them. You are incredibly smart to deny everything and not give even one inch, I applaud you for that. No judgement here. The way I see it, you were being unfairly harassed and wanted it to end, you saw a way to make it end and did just that. Sure it cost you your job but it should NOT cost you anything else.  
     
    Do not contact/talk to anyone from that store. Cut everything out completely. I am not a lawyer but I honestly see no good from going back or talking to anyone from that store. As far as I am concerned you did everything by the book when you suspected they knew what was up.
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      CommentAuthorGuest823
    • CommentTimeDec 28th 2013
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    Thanks for the comment...yeah I've been seriously losing sleep over this and stressing out because I have no idea they called it internal theft and I been googling anything regarding employees of internal theft. I have no criminal record what so ever and i was wondering if I was to get another job that They would do a background check and find out what has happened with my last employer..I guess I'm stressing out if they would call the cops and involve them because I honestly plan on not going to meet with the store manager what so ever.
  2.  permalink
    I'm not even sure it could be called theft, since it was something the customers wanted no part of. You just collected something that would have gone to someone else anyway, the store isn't out anything. I don't think you did anything illegal.
    Don't contact the store from this point. You can give them as a reference also since they can legally only give the dates and wages paid, nothing further. Good luck.
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      CommentAuthorGuest823
    • CommentTimeDec 28th 2013
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    Thanks.. I'm feeling a bit more at ease now. Kinda glad I found this forum other than those bloody hell scare tactic replies on google. ^_^
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      CommentAuthorGuest 644
    • CommentTimeDec 28th 2013
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    You can't possibly get into any legal trouble for this. The only way that you could is if you go in and write down a statement that you knowingly did what you did. Best thing is to avoid that place all together. Nothing good will come from going in.
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      CommentAuthorGuest823
    • CommentTimeDec 28th 2013
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    Glad today is somewhat over. I didn't get a phone call from sears :) thank goodness. 2 o'clock came around and I was dreading that call from them. Thank you all for the comments by the way most appreciated! :face-smile:
  3.  permalink
    It is theft no matter how you want to call/explain it. But I wouldn't worry about it. The dollar amount is so small that you'd only be looking at court fines anyway. They most likely were trying to guilt trip you into writing a statement stating what you did. If you did that (and it's a good thing that you didn't) then you'd probably be talking to the cops soon afterwards.
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      CommentAuthorr3j3ct
    • CommentTimeDec 28th 2013
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    Man fuck Sears... looks like they treat their own employees like shit too. You won't get into any legal trouble for that little bit of bullshit. Enjoy your life and move on to a better job.
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      CommentAuthorGuest823
    • CommentTimeDec 28th 2013
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    wait huh? I didn't make a statement or anything, it was just stating that I quit and no longer will be finishing my shift all together... Would it be possible that the cops will still be talking to me even it's been 2 weeks, in case the store manager wanted to be an ass about it? I'm guessing and this is me assuming and putting my thoughts out there but wouldn't the cops have already talked to me if the store manager reported me to them...or would Sears have to mail me something regarding a claim in order for things to proceed and get them involve..
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      CommentAuthorGuest 644
    • CommentTimeDec 29th 2013
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    The police have too many murders, rapes, assaults, burglaries (breaking and entering over $500), identity thefts, and various other crimes to deal with. If any jackass store manager of any company called them about $25 worth of fraud, the police wouldn't do anything about it. It just doesn't matter.
  4.  permalink
    When I said that it was a good thing that you didn't make a statement, I was referring to you admitting to any criminal activity. A resignation letter doesn't matter one way or another. Sure it's possible that the cops can come and harass you. Refer to the statute of limitations in your state. Do I think they'll be showing up at your door? No.
  5.  permalink
    Using the money was a really stupid thing to do, but Sears can't do anything. They can take you to court and hire attorneys and convince a jury beyond a reasonable doubt that you stole, but honestly are they going to go through all that trouble over $25? It would cost far more for Sears to have their attorneys do all the legal stuff to get you in real trouble. They could do it to make an example out of you, but I highly doubt it.  
     
    If you had stolen $2,500 or $25,000 it would be a different matter, but it seems like you just got caught with your hand in the cookie jar and got your wrist slapped.  
     
    Worst case scenario is you're out of a job and Sears will give a bad reference to future employers.  
     
    Also as others said, you did the right thing with management and LP: sign nothing, admit nothing, deny everything.
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      CommentAuthorskullywag
    • CommentTimeJan 1st 2014
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    Yeah. Shoplifters are released all the time for stealing items under $25. Basically stores have a policy of "take all you want" (as long as each item is under $25). They only arrest ones walking out with 60" LEDs stuffed under their shirt. This is merely electronic shoplifting.  
     
    Take whatever advice you want, but you're getting some bad advice here. What makes anyone think it would take O.J."s lawyers to take this to court? The store has electronic proof of everything. Employees sign paperwork upon hiring entailing the Do's and Don'ts of employment, with a big one being "don't steal from us". You have an account tied to his cellphone, codes tied to other purchases being sent to that account, and I'm willing to bet time stamped with employee and register number. Redemption of said codes obviously to employees home address? Sounds like a slam dunk to me. It all boils down to whether the store manager wishes to pursue it or not.....IF he calls the cops, they are obligated to follow up.....cops are not merely assigned to murders, rape and grand theft. I've seen employees pulled from work for unpaid traffic tickets, so don't suggest they don't mess with "the small stuff". I'm no lawyer, but would assume if a buyer used a credit card to pay for an item, and the store employee used that sales information to pad his OWN account....this might tie loosely into CC fraud. Also take into consideration that if a person would crap his pants at an unrelated forum over $25....it's probably a good deal more than $25....who actually knows how much they may have ACTUALLY stolen?  
     
    Nice to see the solidarity, and pat on the back of Frys employees toward stealing from the company that pays you.  
     
    Don't like the Orwell treatment at work? It's people like the O.P. to blame.
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      CommentAuthorBest Buy
    • CommentTimeJan 1st 2014
     permalink
    Once again Skullywag is off the mark.  
     
    I don't see any bad advice here. Do you know how LP works, Skullywag? They're calling this idiot ex-employee to come in so that they can convince he/she to admit what he/she did so that they can immediately detain them. After that Sears would call the police to pick the person up since it would be and open and shut case and no investigation would be needed. As it stands nothing will happen because detectives DO have more pressing matters despite what you are saying. They won't waste their limited resources investigating this for Sears. Hopefully this loser learned their lesson and they won't steal anymore.
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      CommentAuthorGuest823
    • CommentTimeJan 6th 2014
     permalink
    Why bother putting your two cents in, if you have nothing nice to say?  
    And yes I've learned my lesson thank you, I'm human after all and I made a poor judgement on my part, but who are you to judge me? Skullyswag....really ? wow what a name.. but any who, things are looking good, working again and this time around, for a better boss who doesn't harass or verbally abuses the crap out of their employees. Not to mention, not having to push ppl for cc.
  6.  permalink
    skullywag: Yeah. Shoplifters are released all the time for stealing items under $25. Basically stores have a policy of "take all you want" (as long as each item is under $25). They only arrest ones walking out with 60" LEDs stuffed under their shirt. This is merely electronic shoplifting.
     
    Walmart stopped prosecuting thefts under $25 seven years ago (http://money.cnn.com/2006/07/13/news/companies/walmart_shoplifters/). Salient points from the article:  
    "If I have somebody being paid $12 an hour processing a $5 theft, I have just lost money," J. P. Suarez, who is in charge of asset protection at Wal-Mart, told the paper. "I have also lost the time to catch somebody stealing $100 or an organized group stealing $3,000."
     
    Shockingly, the police have bigger fish to fry as well:  
    The paper said that the change also will answer complaints of small-town police departments across the country who have protested the previous zero-tolerance policy. At some stores police were making up to six arrests a day, according to the report, which said some departments had to hire extra officers just to handle the Wal-Mart arrests.
    .  
     
     
    Take whatever advice you want, but you're getting some bad advice here. What makes anyone think it would take O.J."s lawyers to take this to court? The store has electronic proof of everything.
    They could have all the proof in the world, but that won't make it worth spending a fortune in time and money in court to recover $25.  
     
    It all boils down to whether the store manager wishes to pursue it or not.....IF he calls the cops, they are obligated to follow up.....cops are not merely assigned to murders, rape and grand theft. I've seen employees pulled from work for unpaid traffic tickets, so don't suggest they don't mess with "the small stuff".
     
    Big difference being that traffic tickets are money owed to the local government. Guess which the police are going to prioritize.  
    I'm no lawyer, but would assume if a buyer used a credit card to pay for an item, and the store employee used that sales information to pad his OWN account....this might tie loosely into CC fraud.
    If the buyer paid in cash instead would that make it "loosely tie into" counterfeiting? The way these loyalty programs work is you get a plastic card with a barcode on the back when you sign up, which is set up with an account to track your purchases so you get x% back in store credit or whatever. All stores seem to have one. Store managers are graded on how many they can sign up and so put the pressure on cashiers to get signups. Even though it's free and not a credit card, a lot of people can't be bothered to fill in the form, so OP filled it out for himself. The upshot is the OP stole from Sears. It's not credit card fraud, but I'm sure the FBI and SWAT teams and the Secret Service will come in with a helicopter and kick in his door any minute now. "I'm sorry sir, your identity theft case will have to wait, SOMEONE JUST STOLE $25 FROM SEARS!"  
     
    Nice to see the solidarity, and pat on the back of Frys employees toward stealing from the company that pays you.
     
    There's no solidarity, just telling him he's stupid for doing it and now he's out of a job, but he's not going to get in legal trouble over it.
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      CommentAuthorGuest 644
    • CommentTimeJan 8th 2014
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    Chris_Tomkinson just posterized skullywag.
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      CommentAuthorGuest 245
    • CommentTimeJan 10th 2014
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    OP I understand getting tired of getting yelled for not meeting the stores quotes. I work retail (not Sears or Frys) and most companies have a couple of things that they really want to push to every customer. I have seen where I work employees get called out by LP if they enter the same phone number or scan the same loyalty card number a lot within a short time frame. You made the mistake of using YOUR phone number and shouldn't have redeemed the points. I would not go back to that Sears or even that mall if your store is part of a mall. Your ex manager may see there and call the cops and have you arrested for theft.
  7.  permalink
    Sorry to be off topic, but can we just ban Skullywag already, he is by far the worst poster here.
  8.  permalink
    The ironic thing is that with a lot of these loyalty rewards/coupons, they usually state in the terms and conditions that they have no cash value. Since the government assesses losses in USD cash, then how could the police even arrest or question you over virtually stealing nothing of real value? If you were ever in a courtroom situation, you could easily reference this fact.
    LP departments try to look tough against employees who do stuff like this with loyal rewards and coupons to look good for the companies they're employed by, but virtually the police would have little interest in prosecuting the subject over such a minimal amount, in addition to it not being real cash. Once the subject starts stealing from the register, stealing merchandise directly; that's a different issue. That should 100% be prosecuted by the police.