Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 9 years ago

is it possible to be banned from the mall for a year because of a inccident you didnt do intentionally?

Ringing a customer up for a return without a receipt allows them to get a return voucher.(store credit).

You put the money on the card and inform the customer the amount on there. You hand the customer the gift card and she walks off. You keep the gift card. You didn't know that it would be considered stealing if the customer walks away from the gift card and you keep it. How is that stealing it intentionally? You had no idea that she was going to walk away. The gift card had 76 dollars on it. Keep in mind when a customer comes in for a return they are expecting something in return. Whether it's a card,money or credit back to their account. Is this really stealing and cause for you to be charged with a misdemeanour of theft under 500? I was asked that if i seen money on the ground would i keep it or give it to a manager? If I seen it that means I found it if no one is around to claim it. Which means it's now my money. He told me that you are to treat the gift card as money. So then I said if i returned the item and gave the lady 76 dollars and she handed it to me would that be stealing? Of course he said yes because i'm inside of the store.To me that's bull. Also i was told that he wasn't sure of what condition i'm in to steal but that's a crime. They accused me of being a thief.They also asked me questions of what school I attend,my age and major.I called the store manager and all he had to say about the situation was he was sorry that I felt as if they were being rude to me. They were just doing their job.(in a rude voice) He told my mother he vaguely knew about the incident.Then spoke with my mother and told her he will not be speaking with her about the situation again. I've never been in trouble before or had anything on my record. They terminated me from my job and i felt pressured and discriminated against. No manager or supervisor was present. Only 2 members from loss prevention and then a mall security guard plus a cop. I was escorted by them all to get my belongings from my locker and also escorted to my car. I was told i was banned from the 3 malls in my area.Plus the surroundings of them. With the exception. I am allowed to go to Walmart.I'm an African American.I just turned 18 in Sept of 2011. Attend college and pursuing nursing. Should I really have went through all this? Should I have gotten charged? Shouldn't this have been a write up or warning? Shouldn't there have been a manager present in the room with me? Who gave loss prevention the right to terminate me? Isn't that a managers job/supervisor? Should I really be banned from the mall for this and I didn't do it on purpose? I could see if i stole a shirt or merchandise from the store or any other stores.I could see if i stole a credit card and used it. I could see if I tried to hide a item to steal it. This is a gift card.If my intentions were on stealing then I would have stolen when I first got the job. I would have stolen a gift card when I first got the job if it were my intentions.I was told to give money I seen or a gift card that no one claims to a manager. My answer was if i gave it to them they would have used it but of course it wouldn't have been stealing because they have the upper authority and they are managers.I've never stolen a day in my life. I'll never shop at this location again and make sure that I tell everyone not to as well. Could anyone give feedback.

Update:

I understand that it was wrong to keep the giftcard. I admitted to that and to them. The fact that they integrifgated me and I felt pressured was the problem. Not to mention they were saying if i found money in jcpenny and picked it up it's stealing. Technically it's not. The fact that it incident happened in november and I used the gift card in december and they terminated me on january 26th was the problem. Why did they wait so late. Why didn't they give me a warning? I felt like I was targeted because I'm black. Think about the time where a young black guy was banned from the mall because he had just gotten off from work and had on a bandana.Automatically accused by a white security guard that he was in a gang. Also the black woman who was talking with someone and was being loud was banned from the mall for 10 years? Becuase she was black. I was accused of intentionally stealing on purpose. Is it because im black?

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  • 9 years ago
    Favorite Answer

    I think they have a lot of latitude because we're talking about private businesses; if their actions are consistent with their published policies, then it seems to me that there's little legal recourse. Yes, they could have been more lenient, but they don't have to be -- it's human to overreact sometimes, and that may have happened here.

    As for the nuts-and-bolts of whether taking a forgotten gift card is technically stealing, I believe it is. As mentioned, the card is used in place of cash: if you had given $76 in change, and that was left by the customer, it seems to me that the store keeps that money, the manager is notified, and customer contact attempted. It is not at all like finding money in the street, because the money is there clearly because the store is a functioning business, and you know how the money got there. If you found the gift card out in the street, when not working, and you definitely couldn't find the owner, I think that would be different. But as you were working, and you knew the source of the card, it appears appropriate for the managers to hold you to a higher standard. Yes, they could eventually use the gift card themselves, but then THEY would be the ones stealing; if that's how they want to be, let them! Being unfair to people has a high likelihood of catching up with them, if they are not interested in changing.

    That said, they COULD have handled things differently. Evidently, you are not a spiteful, thieving person; if this was the only incident, they could chalk it up to a misunderstanding. It's lousy that it was blown out of proportion for you. I encourage you to consider calling and apologizing for the misunderstanding: even if your manager(s) are jerks, you were in the wrong for taking the card, and it may be better for you in the long run to face that reality and learn to mend relationships even when things aren't ideal. It doesn't mean you're a bad person (you know that), or that you are admitting to being a thief. You'd be admitting to being human and making a mistake.

    Whatever you decide to do, don't let others (or yourself) convince you that being bitter and vengeful is the way to go. Unfairness sucks, but you can make a great stride in managing and overcoming it. It's great that you intend to go to college for nursing. Tackle this matter directly and humbly, and then focus your energy on succeeding in school and your career.

    Edit:

    Considering your Additional Details, you have first-hand experience with what happened. Suppose they WERE being racist when they interrogated and fired you -- what are you going to do about it? Hate them? Slash their tires? Sue them? Regardless of what's technically legal, I didn't say that they did right by you. Yes, bad things unjustly happen to blacks in this country; bad things unjustly happen to lots of people. The color of your skin may make the road of your life rougher, but it doesn't make it a losing battle or unworkable.

    Whatever happened to you, I'm encouraging you to do something productive, rather than carry resentment that seems to be growing within you (and this country). If "productive" entails taking legal action, or contacting newspapers and blogs, then so be it. If they were truly being unfair in yours and similar cases, then shine the light of the public eye on them. Don't stew over how people can be deeply unfair. Take action that is constructive, rather than destructive; endeavor to do that which makes the world better.

  • 9 years ago

    You can get fired, banned from the mall, but I can't think you'll have to go to court or anything since it was less than 200 dollars. As long as you pay them back, everything should be fine.

  • Bonnie
    Lv 6
    9 years ago

    Sorry, your question was too long to read, but no matter what, the mall is private property and they can keep you off their property if they want, for whatever reason they want.

  • 4 years ago

    **** that mall.

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  • 9 years ago

    Duh its stealing you could of ran and gave it back ^.^

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