The Plot Thickens.

[Kestra]

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.

I agree with the others, talk to a lawyer but also find out what they are referring to. Also look for a copy of what you signed ASAP. You want to focus not just on what actions of yours were detailed in there, but what action RadioShack said they would take (or not take) once the cable was returned. You basically want to gather up any paperwork you have here pertaining to any of the incidents.

Also I know we're only getting one side of the story here and that technically you shouldn't have taken their property but still. What complete fuckheads.

 

[darkwing_duck1]

I think someone at RS realized they had a potential "wrongful termination" case, and possibly a defamation case on their hands and went on the offensive.

I hate to say this, but admitting to taking the cable, which (like it or not WAS RS property) has put a big hurt on your position.

 

[Finn]

Curious. Did the thefts continue?

 

[B.J.]

I'm curious why they're bothering if, as they say, only $350 will make it all go away. Seems like there's a lot more going on than they're letting on. Just writing up and sending you this probably cost them more than that. Whether they're trying to go on the offensive like darkwing says, or if they're trying to nail you for a lot more in the end, I have no idea.

 

[Amaris]

I'm curious why they're bothering if, as they say, only $350 will make it all go away. Seems like there's a lot more going on than they're letting on. Just writing up and sending you this probably cost them more than that. Whether they're trying to go on the offensive like darkwing says, or if they're trying to nail you for a lot more in the end, I have no idea.

It could be a setup, like the payoff would be an admission of guilt, which would establish a record that they could draw on next time they need cash.
Flux, in honor of your innocence, I am boycotting Radio Shack, by continuing not to ever go there for anything ever.

 

[Alpha Romeo]

I don't know California law. But I'd advise you to do these:

1) Stay away from law schools because they're not really lawyers and cannot give you advice.

2) Speak with some sort of actual lawyer and get his opinion.

Likely this is a small claims matter. Don't write ANYTHING to this guy until you have spoken with a lawyer. It can be used against you as an admission.

 

[Captain Ice]

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.

Flux, I'm going to agree with the others. Your next step should be to consult with legal representation.

Another suggestion is to contact and speak with someone from your local office of the National Labor Relations Board to see if they can help you. Even if they can't they should be able to recommend local attorneys in your area who have experience in dealing with California Labor laws (which are some of the toughest in the country).

I'm not sure if they have an office closer to you, but this is the closest I can find:

San Francisco (20)
901 Market Street, Suite 400
San Francisco, CA 94103-1735 Get Directions
Regional Director: Joseph P. Norelli
Hours of Operation: 8:30 am - 5:00 pm (PST)

TEL: 415-356-5130
FAX: 415-356-5156

 

[Maestro]

Since it sounds like the letter was just sabre rattling with no actually bite, I'd just ignore it. Without court enforcement, there is little that RS's lawyers can do to you other than send you annoying letters. Just ignore things until they actually do something detrimental to you. Like issue a summons.

 

[Tiberius Jim]

Well this keeps getting interesting. I did a little research on the law firm that sent the letter, Palmer, Reifler and Associates. I found some interesting info.

http://www.associatedcontent.com/article/2735383/palmer_reifler_associates_letter_what.html

The reality is that these giant corporations, such as Walmart, very rarely file civil suits against small-time thiefs at their stores across the country. It is simply too expensive and takes too much time. Instead, what the corporations do is hire firms, such as Palmer, Reifler & Associates to send threatening letters hoping that people will pay them based upon the threat of a civil suit. 99.9% of the time they are bluffing.

http://walmartwatch.com/blog/archives/retailers_civil_recovery_effortslegal_extortion/

The chain’s letters to suspected shoplifters are sent out by a Florida law firm called Palmer Reifler & Associates, which also handles the task for four dozen other clients, from Wal-Mart Stores Inc. to Walgreen Co., keeping 13% to 30% of what it collects. A partner at the law firm has said that it sends out about 1.2 million civil-recovery demand letters a year but follows up by suing fewer than 10 times a year.

Looks like these scumbags actually have a lawsuit against them by other recipients of these letters.

http://www.law.com/jsp/article.jsp?id=1202423589910

The suit filed June 26 seeks damages under RICO and compensatory damages for money collected from the letters. It alleges unjust enrichment and violation of Florida's Deceptive and Unfair Trade Practices Act. Harke said the genesis of the proposed class action is a case taken by his wife, attorney Alison Harke. A client had been accused of shoplifting from Home Depot. He brought screws from home to make sure he bought the right kind but was accused of stealing them.

So it looks like this may be about the stupid cable after all. I hardly see how I shoplifted...a cable in a scrap bin that was destined to be (and was) thrown out? Not to mention...it was brought back? Fuck these guys.

 

[TheBrew]

Get into some of that class-action money.

I too will continue to not patronize RS.

 

[darkwing_duck1]

I hope you have another job already, because I wouldn't put it past these guys to try to "poision the well" with other bosses in the area.

Yes, I know it's illegal, but they do it anyways...

 

[Tiberius Jim]

Yeah I've had another, far better paying job since February. In hindsght I should have left RS far sooner.

 

[Robert Maxwell]

Get a lawyer. Don't pay RS one red cent. Sign nothing else. Even admitting to stealing the cable is probably going to come back to bite you, especially since they have it in writing.

Honesty is the best policy, but only when you're dealing with honest people. Clearly, Radio Shack and their shady lawyers do not qualify.

Flux, you are correct about their lawfirm. I'm curious, did the letter make it sound as though you owed RS a debt? It is a very common practice for a company to outsource collections to lawfirms, which then send out letters on scary-looking legal letterhead. While they don't come out and say "we're gonna sue your ass," they imply it enough that most people pay up. Call their bluff. Pay nothing, admit nothing (else), talk to a lawyer, and if they continue with their bullshit, tell them you want no further correspondence unless it is to see you in court. You are within your rights to demand that.

Alternately, you can also insist they only communicate through your attorney, who will not bother you with anything unless it is worth your attention.

It is illegal to threaten to sue someone if you have no intention of doing so. Contact your state Attorney General's office if this continues.

 

[tharpdevenport]

Well, Whether Flux comes out on top of not (I think he will), one thing is for sure for me:

Radio Shack will NEVER recieve my business ever again, so long as I live. I will also be telling other people about this, in hopes they will boycott the Shack.


Maybe some e-mail forwarded to RD HQ about this would get their attention... (just a thought -- unless it would hurt Flux).

 

[Tom Hendricks]

I don't want to burst anyones bubble but taking something that doesn't belong to you from your employer, even if it was in "scrap" bin is stealing. Not that I agree with it, but technically they are correct. I too will join in the boycott of RS, I never really liked them anyway. RS always seamed like the Used Car dealership of Technology.

 

[Maestro]

So, just ignore it, and it will probably just go away.

I'd support you and boycott RS, but I don't shop there anyway.

 

[Kestra]

I don't want to burst anyones bubble but taking something that doesn't belong to you from your employer, even if it was in "scrap" bin is stealing. Not that I agree with it, but technically they are correct. I too will join in the boycott of RS, I never really liked them anyway. RS always seamed like the Used Car dealership of Technology.

I don't think anyone would disagree with that assessment. Flux realized his mistake and returned the material. It's not as if he said "no, it's mine!" and kept it, you know? It's one of those things that you think is harmless at the time but I think everyone here understands that it was RadioShack's property and they were perfectly within their rights to want it back.

 

[propita]

If you can countersue with harassment, you can add malicious prosecution. Harassment would likely provide "improper cause" element.

I'm up for the boycott. Cheap-shit place. Anyone want to send a letter of intent to boycott and the grounds. Put this out there virally and there could be a huge boycott a la David and Goliath.

 

[Yoda]

10 lawsuits out of 1.5 million letters? Yeah, ignore that shit. And buy a lotto ticket.

Whatever happened to the Radio Shack who's all "I wanna smack yo ass" with the girlfriend anyway? You + That Place = Bad Mojo.

 

[Tiberius Jim]

Get a lawyer. Don't pay RS one red cent. Sign nothing else. Even admitting to stealing the cable is probably going to come back to bite you, especially since they have it in writing.

Honesty is the best policy, but only when you're dealing with honest people. Clearly, Radio Shack and their shady lawyers do not qualify.

That's quite true, and I realize that in hindsight. As for getting a lawyer, I may consult with someone, but as for hiring one and suing, I don't think I have the kind of money for that. I'm not paying a single cent more than I have to, and so far I don't have to spend a damn thing.

Flux, you are correct about their lawfirm. I'm curious, did the letter make it sound as though you owed RS a debt?

No, they very carefully avoid the term debt and refer to it as a settlement. The language is basically "Pay this amount and it'll all be over, but if you don't think are going to get worse." I can totally see someone falling for that, getting scared and paying up.

It is a very common practice for a company to outsource collections to lawfirms, which then send out letters on scary-looking legal letterhead. While they don't come out and say "we're gonna sue your ass," they imply it enough that most people pay up. Call their bluff. Pay nothing, admit nothing (else), talk to a lawyer, and if they continue with their bullshit, tell them you want no further correspondence unless it is to see you in court. You are within your rights to demand that.

Alternately, you can also insist they only communicate through your attorney, who will not bother you with anything unless it is worth your attention.

It is illegal to threaten to sue someone if you have no intention of doing so. Contact your state Attorney General's office if this continues.

My dad's advice is basically this as well. He suggested a write a letter politely asking them what the incident they are referring to in this letter is, as I am confused as to what they mean. He said to then include that I would like this information so I may pass it on to "my lawyer", and that any further contact will be through "him".

So, just ignore it, and it will probably just go away.

I'd support you and boycott RS, but I don't shop there anyway.

That's the plan. And never having shopped there is even better than a boycott.

I don't want to burst anyones bubble but taking something that doesn't belong to you from your employer, even if it was in "scrap" bin is stealing. Not that I agree with it, but technically they are correct. I too will join in the boycott of RS, I never really liked them anyway. RS always seamed like the Used Car dealership of Technology.

I don't think anyone would disagree with that assessment. Flux realized his mistake and returned the material. It's not as if he said "no, it's mine!" and kept it, you know? It's one of those things that you think is harmless at the time but I think everyone here understands that it was RadioShack's property and they were perfectly within their rights to want it back.

It would really help if RS managers didn't have what is basically a "don't ask, don't tell" policy when it comes to scrap items. My girlfriend, who still works for them, has been told that if they have any scrap merchandise, to basically just go ahead and take it...and to just keep it quiet. This had been my understanding when I found this cable.

10 lawsuits out of 1.5 million letters? Yeah, ignore that shit. And buy a lotto ticket.

Whatever happened to the Radio Shack who's all "I wanna smack yo ass" with the girlfriend anyway? You + That Place = Bad Mojo.

Funny you should ask. The guy has toned it down...a little, but he is still keeping up the "you should leave him for me" line. I'm pretty close to giving him a warning shot across the bow in the form of a friendly man-to-man "back the hell off" message. I'm hoping she won't be working in that hellhole much longer anyway so we won't have to worry about him.

And I agree...if I hadn't met my girlfriend through working there and if getting that job hadn't saved my ass when I got laid off from Circuit City, I would have some serious regrets about taking the job there. Terrible place to work...and shop.