Legal Question in Civil Rights Law in New York
what is the rights of an employee ?
what is the rights of an empolyee who is acussed of theft in retail. When being interviewed by security do the employee has the right to leave the room or can the security officer prevent the employee from leaving. The employee odes not have any history of stealing and the only evidence was the transaction under the employee number. The employee sold a gidt card to a customer. the amount was for $80 but the employee mistakenly put a extra zero making it $800 dollar card. the $80 was put in the cah draw and the came up $720 short. The employee told the secuirty officer it was a honest mistake. S.O. proceeds to tell the empolyee if she pay back the $720 no charges will be press but if she do not they will press charges. The S.O. tells another secuirty officer to escort the employee th her locker to get her wllet and escort her to the bank which is located of the empolyers property. The security stands by the employee and watch them withdrawn money from tne atm and proceed to escort the employee back on the property. The employee feared for her family because the security officer told her her kids and husband will be embrass publicly if she is arrested this compel the employeeto pay. are these actions legal by the security officer.
1 Answer from Attorneys
Re: what is the rights of an employee ?
I find it hard to believe that an innocent employee would be so intimidated by their own store security person that they would go to an ATM and withdraw $720 to pay back money they don't owe.
If true, the security officer should be arrested and the store should compensate the victim. I just don't think most judges or jurors would believe the story.
Good luck!
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