QUESTION

Is it legal for a store's loss prevention to be letting employees steal?

Asked on Mar 08th, 2012 on Labor and Employment - Oregon
More details to this question:
Several associates at the store where I work have been caught stealing, both merchandise and cash. Loss Prevention would be immediately aware of it, but allow it to continue until the dollar amounts were above whatever was necessary to get the police involved and to make an arrest. Shouldn't the employee just be fired after the first infraction? Is it legal to let it go on without taking action?
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3 ANSWERS

Criminal Law Attorney serving Columbia, MO
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It's up to the store.
Answered on Mar 08th, 2012 at 10:18 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is the option of the victim of the crime to make the complaint to law enforcement. Generally an employee caught stealing is fired and prosecuted, however, if the employer is willing to allow a "second chance" that is up to them.
Answered on Mar 08th, 2012 at 8:41 PM

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Kevin Elliott Parks
That's completely up to the employer. Sure, it's against the law to steal criminal law, civil law, etc. But enforcement of the law is the real issue here. The employer has obviously made a choice about what they want to enforce, and likewise what they don't. Nothing illegal about that.
Answered on Mar 08th, 2012 at 7:02 PM

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