The Plot Thickens.

[Tiberius Jim]

Many of you may remember back at the beginning of the year when I was fired from my job at RadioShack. Their claim was that I was stealing money from the cash registers, even though they had no eye witnesses, no video evidence and on top of that, I was always the one reporting the fact that our register was short to the manager. That apparently didn't mean jack to them, and I was accused of taking the money. The Loss Prevention manager even told me himself that he believed me, didn't think I took the money, etc...but in the end, they had no other leads. My timesheets just happened to line up with the days that money went missing. That was their sole piece of evidence against me: a timesheet that can be easily modified by say, a shady manager, that happened to show that I was present in the store on days that a register that can be accessed by everybody was short. They couldn't take the risk, and I was let go.

During the process of being grilled about this missing money, I was asked if I had ever taken anything from the store without paying for it. I (in hindsight, stupidly) decided honesty was the best policy, and revealed that months earlier I had found an audio cable in our scrap parts bin, and used it for my MP3 player in my car.

Apparently, this counts as theft in their eyes. A cable that was not even up for sale, and would have eventually been thrown away (that same scrap bin later had it's contents thrown in the dumpster by another manager) somehow counts as merchandise.

I was asked to bring said cable back, and since it was right out in my car still, I did so. You would think that would be the end of it. Losing my job would be the worst that would happen, right?

Apparently, RadioShack feels it hasn't tried to screw me over nearly enough. Yesterday, I get a letter from RS's lawyers. In this letter, they inform me that RadioShack may be pursuing a civil damages claim against me, and are giving me a settlement offer. If I fork over $350 to these guys, it will all go away. If I fail to pay up, things will get much worse and they may file a lawsuit. They claim I would then me charged with their attorney fees, the amount of damages, etc...

Over a fucking cable that was going to be thrown away, and never would have been sold, and was worth maybe a dollar at cost.

I've gone over this with my parents, and my mom is convinced this is just a bunch of "saber-rattling" by RS and their lawyers. I'm not so sure, because I can't believe they would go this far over something so trivial. They already got rid of me for what they thought I did, yet they keep causing me this trouble. What gets me is they never would have known about that damn cable if I hadn't opened my mouth, and I'm deeply regretting that right now.

I'm not really sure what to do. I'm hoping my mom's advice is right and that I should simply contact the lawyers via mail with a letter explaining my position, that this is just them trying to squeeze a little cash out of me over this, and that they won't really make an actual lawsuit over it...but part of me is thinking that if they've gone this far, maybe they will try to go further if I don't pay up. Would a judge even take this case? I don't know...I'm just pretty pissed off about the whole thing.

Anyway, any advice from those in the know about such legal matters would be much appreciated.

 

[tharpdevenport]

I believe there is -- someone correct me -- a five to ten year wait to get a judge and then even have your day in court. I SERIOUSLY doubt RD will persue this. I could be wrong though.

 

[Tiberius Jim]

I'm not sure about that, but I can't even believe a judge would take a case like that.

The more I think about it, I wonder if this "civil damages" claim is about the money they think I took and not the cable. I almost hope that's the case, because they have zero proof that I took a single cent. They have the burden of proof that I took any money, and they can't prove a damn thing.

They probably see me as some dumb kid who is going to get all scared and pay them this $350 out of fear. I'm more than willing to prove them wrong and fight this crap.

 

[T'Baio]

Do they have any proof you took the cable? Seriously, did you write or sign anything that says you took it? Do they have you on video returning it? If it's just something that happened with no concrete proof, you have absolutely no problems.

 

[Tiberius Jim]

Yeah, they had me sign something that I took the cable, and would return it. I signed it as well as my manager. They have proof I took it, but also that I returned it.

Like I said, though, the more I think about it the more I suspect this is about the money they lost throughout all the time the register kept coming up short. I'm thinking I'll send them a latter asking to know what it is they mean with their vague reference to "an incident". They don't specify in the settlement claim letter what it is they're referring to.

 

[T'Baio]

Well next, I would demand the barcode or stock number of this supposed item and the shipping and receiving manifest of it. If it was in a junk box, they don't have much of a claim. If they can't provide that documentation, tell them to go fuck themselves.

 

[eastman23]

Yeah, they had me sign something that I took the cable, and would return it. I signed it as well as my manager. They have proof I took it, but also that I returned it.

Do you have a (signed) copy of that letter as well?

Like I said, though, the more I think about it the more I suspect this is about the money they lost throughout all the time the register kept coming up short. I'm thinking I'll send them a latter asking to know what it is they mean with their vague reference to "an incident". They don't specify in the settlement claim letter what it is they're referring to.

I wouldn't send them a damn thing without running it by a lawyer first.

 

[Tiberius Jim]

Yeah, they had me sign something that I took the cable, and would return it. I signed it as well as my manager. They have proof I took it, but also that I returned it.

Do you have a (signed) copy of that letter as well?

I believe I was given one, it would just be a matter of finding it at this point. I never thought it would actually come to this point.

Well next, I would demand the barcode or stock number of this supposed item and the shipping and receiving manifest of it. If it was in a junk box, they don't have much of a claim. If they can't provide that documentation, tell them to go fuck themselves.

Sounds good to me. The fact that the bin the cable was in was then subsequently thrown away by another manager makes their claim even more ridiculous. That's leading me to believe this all has more to do with the money they think I took than the stupid cable. That's the only thing they were really "damaged" by.

 

[Jetfire]

I bet if you asked a manager if you could have the scrap cable, the answer would have been yes...so this isn't about the cable...it is about the money.

You didn't take the money, it is petty of them to do this and it will fail. Talk to a lawyer and explain the situation. I am sure you will be ok.

I wouldn't worry about what you shouldn't have done...focus on beating this and it being ok.

 

[Vulcan Princess]

I'm going to add my voice to the talk to a lawyer chorus. Don't talk to Radio Shack on your own; their lawyers will try to twist whatever you say and use it against you.

 

[T'Baio]

Well next, I would demand the barcode or stock number of this supposed item and the shipping and receiving manifest of it. If it was in a junk box, they don't have much of a claim. If they can't provide that documentation, tell them to go fuck themselves.

Sounds good to me. The fact that the bin the cable was in was then subsequently thrown away by another manager makes their claim even more ridiculous. That's leading me to believe this all has more to do with the money they think I took than the stupid cable. That's the only thing they were really "damaged" by.

I'd also suggest, whether it's a lie or not, that you had reason to believe that you were allowed to take the things in the junk box and knew that it was all going to be thrown away. Which is why you freely admitted to it and signed the form saying so. I would also look into the validity of signing that form without legal representation present.

Dude, I wouldn't worry...there are so many ways out of this. They are just sabre rattling...pissed off that their company is so mismanaged and going down the financial crapper, they're trying to recoup any money they can in any way possible.

 

[RJDiogenes]

This is ridiculous. Talk to a lawyer and threaten a countersuit for wrongful termination and harassment.

 

[T'Baio]

^ That'll work, too.

 

[Tiberius Jim]

Yeah sounds like talking to an employment/labor lawyer is the thing to do. I just have no clue as to finding a good one or what that entails cost-wise.

 

[Shatinator]

Flux,

I seriously recommend that you get legal consel. What you are going threw is targeted and abusive. I see great potential for a harassment suit on how you were dismissed, the behavior you have described it a kin to bully tatics, you can turn this around, or allow yourself to be brow beaten. You must make that choice.

good luck,

The Shatinator

 

[T'Baio]

You might even come out on top. Countersue now, while they still have money!

 

[Vulcan Princess]

Yeah sounds like talking to an employment/labor lawyer is the thing to do. I just have no clue as to finding a good one or what that entails cost-wise.

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10180&id=1396

 

[K'Ehleyr]

This is ridiculous. Talk to a lawyer and threaten a countersuit for wrongful termination and harassment.

ditto. Threaten them!
Sorry you're in this crap situation Flux. I think legal advise is the only way to go. And in the future ~ never sign anything ~ especially not in blood

 

[sidious618]

Denny Crane!

 

[nevermore]

Yeah sounds like talking to an employment/labor lawyer is the thing to do. I just have no clue as to finding a good one or what that entails cost-wise.

Do you have any local universities with law schools? See if they have a law clinic or can advise you about a school that does. You can often get a consultation for free or a nominal charge. If that's not an option, try contacting a local labor union like SEIU for advice or referrals for finding affordable representation.