Legal Question in Civil Rights Law in California

Can your employer detain you against your will?

After checking out through my line at major retail store, my co-worker was stopped by support manger.He checked her receipt. There were items not on receipt.(well under $200.00). 11:45 am.Seperated/guarded by employee.Couldnot use restroom w/o escorts.Store didn't want to involve police.Loss pervention ''needed this form before he could let me go.'' Signed against will.''Let go'' to police.Booked in jail 5:16pm, comm. berg.2nd.degree.Don't I have an civil rights?


Asked on 10/16/01, 11:50 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can your employer detain you against your will?

You have civil rights. Unfortunately, I don't see how this was a violation of those rights.

Employers, and retailers, have what is called "shopkeepers privilege" to detain you during investigation of shoplifting.

If the detention was unreasonable, or was done solely to harass, then you may have a case for false imprisonment.

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Answered on 1/11/02, 4:46 pm


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