Legal Question in Criminal Law in California

I work at Macys. Today I was called up to the Executive offices by the Loss Prevention Manager where I was interrogated. Last week I obtained a coupon from a fellow associate (as we always do) and apparently commited theft. I bought something with the coupon (saved $20 off a $50 purchase) and was unaware that using this coupon was considered theft. I've been a diligent and upstanding worker for the past 4 years and they put me on suspension pending my job for the next week. I was completely and totally unaware of this new rule because until recently employees werent allowed to use coupons at all. I was told in this interrogation that it was in the employee handbook. I havent received an updated version of the employee handbook since 2005. I would really like to know where im at fault in this situation that my job is now on the line.


Asked on 8/29/09, 1:53 am

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You have posted this under criminal defense, but I think it would probably be more appropriate under employment law.

The chances of being prosecuted for violating an employer's internal policy regarding use of coupons are pretty slim, especially when the disputed amount is only twenty dollars.

I would advise you not to discuss this case with anyone -- especially the police -- except for a criminal defense attorney. If you are charged with a crime and can't afford a lawyer, you should ask the judge to appoint the public defender at your first court appearance.

Again -- those are the thoughts of a criminal defense attorney. Employment attorneys would approach the situation differently than someone whose practice is dedicated exclusively to criminal defense and would be more likely to try to negotiate with your employer.

You should seek advice from an employment attorney.

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Answered on 8/29/09, 10:22 am
Joe Dane Law Office of Joe Dane

From a criminal defense standpoint, they *may* try to make a case against you, but if they do, contact a good criminal defense attorney and fight this one. Every theft offense requires as one of its elements an intent to defraud or deprive someone of their property. In your situation, with a policy (or lack thereof) about use of coupons by employees, how can they say you intended to steal when it used to be (or still may be) okay to use the coupons.

As to your employment - that may be another issue. Most employment in California is "at will" meaning you can be let go at any time for any reason or no reason at all. If they suspect you defrauded them or violated a policy, they can fire you. If your position is worth fighting for, you will want to discuss this with an employment attorney to discuss this in greater detail.

Good luck.

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Answered on 8/30/09, 7:42 pm
Terry A. Nelson Nelson & Lawless

Fault isn't the issue. You are an 'at will' employee who can be fired any time for any reason. Suspicion of theft or misconduct, whether true or not, is enough to get you fired. Your job is to convince the employer you are a valuable employee, this is a misunderstanding, not intentional, and that they should keep you. If fired, try to negotiate a 'quit' instead, for the sake of your record.

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Answered on 8/31/09, 1:07 pm


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