Legal Question in Civil Litigation in Virginia
false accusation
My 2 teenage daughters went into American Eagle yesterday and tried on jeans. One took in one pair folded and the other took 2 pair folded into the dressing room...which had to be unlocked by an associate. The first daughter with the one pair came out and walked past the assoc. and put her jeans back. The second daughter followed about 2 minutes later with 2 pair folded and put them back where she got them. They and a friend walked to the next store and were looking at perfume with that store associate when the American Eagle associate approached them and asked them if they took a pair of jeans. They were humiliated and said no...and the associate then stated that she saw them take in 3 pair of jeans and come out with 2...but this is not true as the girls had them folded and put them away themselves. We shop in that store every week and buy most of our clothes from them and I am completely humiliated with them and upset to have them accused ...and in front of a store full of people. Not to mention, one of my daughters works in the mall where this store is located and had her uniform on when accused. I did not know you could accuse someone of stealing and not see anything...we can't at Ukrops where the other daugh. &I work
1 Answer from Attorneys
Re: false accusation
Yes, it's possible that if one or more third persons actually overheard the American Eagle employee unfairly and unjustifiably accuse the girls of taking the jeans, that they were illegally defamed and may have causes of action against both the employee as well as American Eagle for the defamation which might be alleged.
However, much more information and relevant facts would be needed in order to make such a determination.