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Best Buy

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Skyymiles

Member
What is the name of your state? Florida

Ok this is in lieu of my g/f. But none the less here we go. Few days ago my girlfriend who is/was employed at our local Best Buy store, informed me that she had been awarded for selling the most PCP/PSP (product protection plans) etc. on Black Friday 2007. The value was $65 USD in the form of a Best Buy gift card that was issued by her Wireless Department Senior. (Who also had previously stated that he was about to quit working there; "this may or may not be irrevelent here"). Any ways yesterday she was pulled in to the Manager's Office to allegidly, be questioned about a stolen gift card. Hence the card she had been supposidly issued by her department. Ok so the GM/Store Manager didn't question her but managed to lock her in his office (Where the only way out was with his key) and persisted to be little her using all kinds of profanity, and false pretenses stating that she would be accused of using a customer's Best Buy gift card (stolen) and that if she did not confess to stealing from the company that she would be taken away in handcuffs. In those words. She insisted on explaining that the card was issued to her unknowingly stolen by her department. And the Store Manager said that it was Bull**** and that a fellow employee would never do that. He was yelling and swaring up in her face to where spit got on her. She later explained to me that she genuinely feared for her life as though he might hit her. Again the door was locked and she asked to leave and he would not until she wrote on paper that she was stealing from the store. So she briefly signed a statement (of her own) stating that she was not sure what happened but that she was being accused of stealing a gift card that she was making purchases on in the amount of $65. Now she did make purchases such as a CD, Bluetooth PC adapter, a coke, and a Zune case/sleve on this card, all of which we haden't even used/opened or thrown away the reciepts for. She called me the day of the questioning and was all upset crying and stated that I needed to return the items listed and that she was told to wait outside the store and that she would be suspended until the HR department had made a decision. We returned all the merchandise exactly as purchased nothing opened and left. We went to the local Police Dept. to file a report with them on the incident in reference to assault. When the Po;ice Department called to verify whether or not she had been terminated, they said they were coincidentally having a meeting about her(at Best Buy) and that she might not be able to pick up her check the following day. Later the Police informed us that this might be a Department of Labor issue regarding the paycheck. Otherwise we would be informed in about 5 days on the investigation. Naturally we have been seeking lawyers who will take interest in her case; however most have been blowing this off as a minor incident that will probably be placed in a concealed record for her. Last night the local Police called her to inform her that she was needed to make an appearance at the local police department in reference to an investigtation on Best Buy's behalf. The office gave his badge number and everything, the odd bit however was that he stated that he would be reading her Miranda Rights at that point and that she would be advised to have a lawyer present.

Any thoughts?
 


eerelations

Senior Member
When she appears at the local cop shop she will be arrested and Mirandiz'ed. The cop was right - she should have a lawyer with her when this happens. (Obviously she doesn't have to have a lawyer with her, however it would be prudent.)
 

ecmst12

Senior Member
Wow, that is really messed up.

The criminal charge is separate from her employment. Meaning - she can legally be fired even if the DA declines to file charges, or if she is found innocent of any charges that ARE fired. They can't withhold her paycheck in any case. She returned all the items she purchased with the card, so they can't even claim she owes them any money (and even if they could, they most likely couldn't hold the paycheck for it). If they don't give her the check, she can file a complaint with the department of labor.

Yes, have her get a lawyer first.
 

pattytx

Senior Member
I'd also considered kidnapping charges, if she was locked in the office and couldn't leave. She should speak about that with an attorney as well.
 

las365

Senior Member
Patty, it's interesting that you brought that up. I was thinking of asking whether anyone thought this might rise to the level of false imprisonment. This is not the first story I have heard of an employer or employer's agent (manager, loss/risk manager) holding an employee in a room and refusing to let them leave or contact anyone until they signed a "confession."
 

Skyymiles

Member
Update #1

First, let me begin by thanking everyone for all their great comments. I really appreciate it. Just to bring everyone up to speed. We met last night at the Police Dept. With the local "Shoplifting Officer"(my take on that is someone who knows the Store manager well at Best Buy as he probably meets with him for this sort of thing often) But anyways he was generous enough to let us in on 'discovery'... meaning, that he made us aware that Best Buy has video evidence of the acts in question apparently. I havent made a determination as to whether or not he was bluffing when he stated that he had viewed these tapes. The way he put it though would lead me to believe that he didn't necessarily see everything... First he stated that there were recordings of the confrontation in the Manager's Office, then he said Best Buy puts cameras on all the Cashier positions, which is where my g/f happens to be in the tapes when the transactions were made. Next he proceeded to make some non shalante statement about how "...dont you know how Best Buy is one of the most technologically advanced companies in the world... thats why they always win in court, because they come with very solid evidence usually..." And then we asked to be sure, "...so they have cameras in the Management offices where the confrontation actauly took place..."? His response"...well, no." WAIT A MINUTE YOU JUST SAID THEY DID A MINUTE AGO? ... anyways didn't make sense. He proceeded to say, "...if you want my honest opinion, I think after watching the tapes, I think you just made an honest mistake..." WTF? lol So he basically said pursuing the assult charges was pointless since it would be her word vs. his. And as far as the kidnapping part went, that as far as her could tell when he was making his report there, that she could have easily gotten out if she needed to. He actually suggested pleading "no contest" on her initial court date to avoid further charges. 'Cause he was talking like Best Buy could call this like 3 accts. of Fraud and 3 accounts of petty theft for a total of 6 charges, but they're being lenient and only going for the 3 accts. of theft, which if pleaded no contest would be expunged on her record after completing the misdemeanor class or whatever. Problem is that she may be looking to go into a government position where she would be required to give that kind of info to a HR rep. So now we're looking at getting a lawyer just to make sure it dosen't go on any kind of record.
 

las365

Senior Member
He actually suggested pleading "no contest" on her initial court date to avoid further charges.

I don't know much about criminal law, but I would be wary of this "advice." It sounds like your girlfriend really needs to consult with a lawyer.
 

Hot Topic

Senior Member
For all intents and purposes, pleading "no contest" is equivalent to pleading guilty. You're basically saying that you're not going to fight the charges and hope the court will be lenient. Anyone looking up your girlfriend's background to see if she was ever in trouble with the law will wonder why she didn't plead innocent if she was.
 

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