The Plot Thickens.

[MANT!]

Jesus Christ..they fired a manager at Radio Shack here in my town,for documented stealing (5 32" TVs and 4 laptops along with about $5000.00 more in other crap) and they aren't prosecuting him as it "wouldn't be cost effective" to do so, nor is a civil suit planned as a Cost Vs. Benefit analysis shows that they would LOSE money..(Average cost of civil suit for a corporation is 50% of the judgement..average Lawyer per hour cost is over $125.00 per hour. After 100 man hours of work, you've lost money as an attorney for the case above BTW) In your case, the cost of the letter is about 50% of what they are asking for..should they take this to trial (rather doubtful) They will lose money..

By all means talk to an attorney..most will provide an initial consultation for free...and you CAN shop around..to find one that would do this pro-bono (most Law firms do have a certain amount of consultations that are provided free "as a service to the public")...

I wouldn't sweat this issue too much..but get your G/F OUT...

 

[bluedana]

Nope, nope, nope. It's the statement of the defendant. It's admissable. They would have to prove that it is his signature. It's also totally relevent. It presumabely states that he took the cable without permissione (e.g. theft). However, they'd have to prove the damages and (going back to what I said before), even if RS wins it's unlikely to be worth their trouble.

If Flux said, as he explained, that he admitted to taking the cable only, then that statement fails the relevance test because it has nothing to do with the missing money. You cannot attempt to prove someone stole B by showing that he stole A except in circumstances which don't apply here. If this whole thing is on account of the cable, they would not be able to prove harm (since they got the cable back in its original condition), and therefore there is no claim upon which relief can be granted.

 

[Tiberius Jim]

Did you sign any kind of non-disclosure agreement? Anything that would prevent you from blogging about it and submitting the link to Digg? (I suppose we could even Digg this thread, with the links at the bottom.)

People should know what dicks Radio Shack are.

Nope, I never signed anything stating that I couldn't talk about any of this.

The way RS treats their customers, I doubt they need anyone's help running them out of business. They do a great job of that themselves.

 

[Mr Awe]

Nope, nope, nope. It's the statement of the defendant. It's admissable. They would have to prove that it is his signature. It's also totally relevent. It presumabely states that he took the cable without permissione (e.g. theft). However, they'd have to prove the damages and (going back to what I said before), even if RS wins it's unlikely to be worth their trouble.

If Flux said, as he explained, that he admitted to taking the cable only, then that statement fails the relevance test because it has nothing to do with the missing money.

Pay attention, I'm not talking about the money. I'm talking about the cable. And, yeah, it wouldn't be worth their time to sue over that.

The BIG lesson, which you're missing, is that he should not have signed anything for them whatsoever. Nothing to gain, but, in some situations, the potential to lose alot.

Mr Awe

 

[bluedana]

The BIG lesson, which you're missing, is that he should not have signed anything for them whatsoever. Nothing to gain, but, in some situations, the potential to lose alot.

I'm not missing that, dear. It's simply not something that can be changed at this point, so there's no reason to make the guy feel worse about it than he already does.

 

[Thespeckledkiwi]

My concern is the time line in this situation and what occurred during Flux's employment and afterward.

The biggest is; as he was a manager (I am assuming), did he run the register or did anyone else run the register? I believe he answered this before but I am not quiet certain. How often did this happen? Was there any documentations? Did he get anything signed by management with these documentations?

Personally, from my working of a retail store and the drawers, if I come up short, there is documentations on all of that. You get it all down in writing.

And from what I can understand as well, if there are two drawers or five drawers and one day you come up short. You go through that day. If the next day you go through that drawer and it's missing money, you go through that day and make sure those schedule on those drawers STAY ON THOSE DRAWERS. That way you can document and make sure this shit doesn't happen because shit flows downstream and management won't care if it was some underlining. You were the head person, you take care of it.

 

[Mr Awe]

The BIG lesson, which you're missing, is that he should not have signed anything for them whatsoever. Nothing to gain, but, in some situations, the potential to lose alot.

I'm not missing that, dear. It's simply not something that can be changed at this point, so there's no reason to make the guy feel worse about it than he already does.

Well, dear, it can't be changed but it can be avoided down the road. I'm not making him feel worse, I'm trying to help him learn for HIS future benefit. I haven't seen any indication from him that he recognizes that as a mistake.

Don't sign things just because someone puts it in front of you. I don't think there will be damage from this specific case, but in other cases, it could be very different.

Mr Awe

 

[Alpinemaps]

Okay, I'm going to go out on a limb and say - ignore it.

Was it a registered letter? Do they have any proof that you received it?

If not...then just forget it. It's like a jury summons. They have no proof that you received it.

Let *them* spin their wheels over and over. Don't get legal counsel (remember, this is $350 we're talking about.

It probably cost them $100 in time to write this up. Don't expect for a second that they will spend much more than that to 'recover' $350 for you. It's not worth it. And even if they do spend the time/money to take you to court - the amount of time it'll take to get you there, plus the chance to have that day in court? It'll be worth that $350 at that point (if you really had to pay it).

I say just relax and chalk it up to them being really f'd up.

BTW - great article about RS (and how they're pretty f'd up and trying to reinvent themselves) in this month's Wired. You can see how they're going down the drain.

 

[Tiberius Jim]

Well, it looks like I'll get my day in court...sort of.

After I was terminated, I applied for unemployment benefits. Well, RadioShack wasn't going to stand for that, and filed an appeal on my claim, saying that I was terminated due to "misconduct".

So now there will be a hearing on May 14th. I called the offices to let them know I no longer need those unemployment benefits anyway, but apparently only the people filing the appeal can cancel and withdraw from the hearing. I have the option of just not showing up, but the hearing will be held without me.

SO I think I will go, only so I don't have these assholes talking about me behind my back. Who knows what they could say if I'm not there. Oh, and a plus to all of this...in the packet I received with the info about the hearing, they sent a copy of that statement I wrote out the day I was accused of all this.

Anyway, I'm pretty pissed off that this has gone this far. I can't believe they are dragging this out so far when they have absolutely no evidence or proof that I took the money.

 

[Robert Maxwell]

Well, it looks like I'll get my day in court...sort of.

After I was terminated, I applied for unemployment benefits. Well, RadioShack wasn't going to stand for that, and filed an appeal on my claim, saying that I was terminated due to "misconduct".

So now there will be a hearing on May 14th. I called the offices to let them know I no longer need those unemployment benefits anyway, but apparently only the people filing the appeal can cancel and withdraw from the hearing. I have the option of just not showing up, but the hearing will be held without me.

SO I think I will go, only so I don't have these assholes talking about me behind my back. Who knows what they could say if I'm not there. Oh, and a plus to all of this...in the packet I received with the info about the hearing, they sent a copy of that statement I wrote out the day I was accused of all this.

Anyway, I'm pretty pissed off that this has gone this far. I can't believe they are dragging this out so far when they have absolutely no evidence or proof that I took the money.

I think it's clear now what they intend to use that document you signed for. They can present at court that you admitted to stealing a cable, say they terminated you for that, and you'll be denied unemployment.

Best of luck in court!

 

[Tiberius Jim]

Well I really don't care about the unemployment...seeing as I've had a new job since February. If they try to pull that, though, I can bring up that they never gave me that reason as their reason for firing me; they told me it was the "misappropriation of funds" that lead to my termination. They only thing said about the cable was that "it doesn't help."

Besides, I hope a judge can see the difference between someone stealing merchandise and someone taking something that was destined to be destroyed, especially when management has a "don't ask, don't tell" sort of policy about it.

 

[Robert Maxwell]

Well I really don't care about the unemployment...seeing as I've had a new job since February. If they try to pull that, though, I can bring up that they never gave me that reason as their reason for firing me; they told me it was the "misappropriation of funds" that lead to my termination. They only thing said about the cable was that "it doesn't help."

Besides, I hope a judge can see the difference between someone stealing merchandise and someone taking something that was destined to be destroyed, especially when management has a "don't ask, don't tell" sort of policy about it.

If you can demonstrate that people were "helping themselves" to the bin, that might help you.

 

[K'Ehleyr]

Well I really don't care about the unemployment...seeing as I've had a new job since February. If they try to pull that, though, I can bring up that they never gave me that reason as their reason for firing me; they told me it was the "misappropriation of funds" that lead to my termination. They only thing said about the cable was that "it doesn't help."

Besides, I hope a judge can see the difference between someone stealing merchandise and someone taking something that was destined to be destroyed, especially when management has a "don't ask, don't tell" sort of policy about it.

If you can demonstrate that people were "helping themselves" to the bin, that might help you.

A most excellent plan ~ could you find anyone else that took 'scraps'?

 

[RJDiogenes]

That shouldn't really be a problem, since it's pretty common everywhere you go. And, anyway, the people conducting the hearing have probably heard of Radio Shack.

 

[Tiberius Jim]

Unfortunately, anybody who worked with me during that time is either out of town on that day or...not the best person to have as your witness. This is all such a waste of time though, since the whole point is to decide whether or not I deserve unemployment...when I don't need umemployment benefits. I'm employed!

 

[doubleohfive]

Still... It's worth it to get it resolved now. Imagine how furious you'll be in the future if you need to go on unemployment again and EDD refuses you based on whatever shenanigans Radio Shack plans on pulling on that court-date.

Is it a waste of time? Likely. Still, from my own experience with EDD over the last two years, it's best to make sure you're on the up and up with them and your record is clear. They're just itching to find a reason to NOT issue out unemployment to people, and while yes you are employed now, it's never a bad idea to make sure you're prepared for unknown eventualities.

 

[Tiberius Jim]

I just got back from the hearing. The district manager herself showed up, which was surprising. The whole thing lasted about 15-20 minutes and my impression was that the judge was pretty much on my side.

The subject of the missing cash from the register was just about completely ignored. Which isn't surprising...because they have absolutely no proof whatsoever. She instead turned it all on the fact that I took the stupid cable, saying that is still considered theft, and is a termination worthy offense. She also claimed that I had given employee discount to someone outside of the company guidelines, being someone who is in your family and lives with you. Turns out I gave discount to *gasp* my sister, who doesn't live with us anymore.

I brought up the fact that the official reason for my termination was the suspicion of taking the money from the register, not because of the cable. I don't see how they think they can change the reason for termination in the middle of everything. It even says in all of the official forms involved that the reason for termination was the suspicion of me taking the money. There is nothing is writing from RS concerning the cable. I also informed the judge that it was an unofficial policy of the store manager at that time that we could take any scrap merchandise if we wanted to; that the alternative would be that the stuff would get thrown away. The DM's only response to that: "Well that manager has since been terminated as well." As if that makes a difference. I submitted that even current managers have this policy about scrap, so it wasn't an isolated incident with this one manager.

The judge didn't seem to buy what she was selling. He basically told her to go back to her office and crack down on her managers. He asked her a few times for documentation and she repeatedly answered, "No, I don't have that, it's probably in his file and I could get it." He didn't really care what she *could* get, only about what she brought with her...which was nothing. I have the feeling she didn't expect me to come.

Anyway, I won't know what the ruling is until I get it in the mail sometime down the line. I have a good feeling that the judge will uphold the original findings of the EDD and rule that it was indeed not misconduct that lead to my termination. I also hope I then receive the month of unemployment pay I would have gotten had they not appealed my claim. Then again, who knows...RS could try to appeal the judge's decision yet again and this crap could just keep going. We'll see.

 

[Jetfire]

^
They should just let it go...it is a waist of time and money to do this. JMHO.

 

[T'Baio]

Stick it to the man!

 

[John Picard]

^
They should just let it go...it is a waist of time and money to do this. JMHO.

Don't you mean, more like a waste of time.

Flux,

Stick to it. IMHO, it's a matter of principle. Also remember what GalifreyanSith said about when not to sign anything in the future. As the poster Agent Mulder had in The X-Files, Trust No One.