Question about catching shoplifters.

[Soundy]

Originally Posted by TheNewGirl

It is completely against the law to dock an employee's pay of anything but income taxes and other government mandated cases (like if your wages have been garnished) without an employees written consent to do so.

That's why I added "(try to)". Lotta places still do it... and get away with it because employees don't know the law.

Unfortunately, I've also seen instances where new hires are given an "employee handbook" when they start, and are asked to read and sign it... these things usually include sections on dress codes, conduct, etc... and a section that states the employer is allowed to dock wages, or other such "illegal" practices... and just like people click through software EULAs without reading them, people tend to just sign off these handbooks without actually reading them.

In the case of a company I worked at once, their "handbook" stated that overtime was banked in a time bank, calculated at 1:1 (1 hour OT got you 1 hour in the time bank). ESB states that OT be paid, with companies given the option to provide a time bank, and employees given the option to use it, but with the banked time calculated at time-and-a-half. Several times, employees would ask about getting paid their OT (even at 1:1), and be refused, with HR citing the handbook and the fact that the employee had signed it and thus agreed to their terms. Some even printed out the section from the ESB website and brought it in, only to again have it pointed out that they had agreed to the company's terms.

One guy finally took it to the wall and got ESB directly involved: he got his time off (at time and a half), AND his OT pay; the company was smacked down, and that was the end of that little ploy.

I really wish more people in these sorts of jobs were more aware of their rights. Should your boss ever do this to you you should inform him/her that it is against the law for them to do so and if they don't re issue your pay cheque for you, contact employment standards and proceed with arbitration.

It's sad that so many people don't know their own rights as employees. It's worse that so many companies try to take advantage of that ignorance... it may even be worse than that, that some companies don't actually know the law, either.

[TheNewGirl]

I know. I administer payroll and I have had managers ask (and even try to order) me to dock employees wages even when I've told them I will not. Now I have handy sections of the Employment Standards Act filed away which I hand out with the phone number for the ESB Inquary line written on them along with a list of labour lawyers and their average fees for employee grievance cases. They don't ask any more.

[Soundy]

Originally Posted by TheNewGirl

I know. I administer payroll and I have had managers ask (and even try to order) me to dock employees wages even when I've told them I will not. Now I have handy sections of the Employment Standards Act filed away which I hand out with the phone number for the ESB Inquary line written on them along with a list of labour lawyers and their average fees for employee grievance cases. They don't ask any more.

Win!

[Ferra]

Originally Posted by Soundy

This is where a lot of low-margin employees get into difficulty: a lot of smaller stores will actually (try to) dock employees' pay if a theft happens on their shift. Gas stations would dock the GSA if a gas'n'dash happened, despite laws and stated company policy, so you'd get employees like Grant DePatie trying to stop the thieves... and look what happened there. I know lots of restaurants will take it out of a server's pay if their table does a dine'n'dash too. And yet if the employee tries to stop the thief, then they get in crap for that.

that's why you only hear large corporation have protocols on how employees deal with thief.

For small businesses, it is always about doing whatever make senses...
99% of small businesses don't do everything exactly by the book...

[riccof]

I work as a LPO for a certain department store, and we sure as hell are allowed to "touch" while we arrest people who are caught committing an offense (Theft under/over 5000, Fraud, Assault, Trespassing). Most people come willingly as they know they're already caught and we handcuff them right away anyways, but if they fight or run then yeah we're allowed to fight back or chase them down.

And yeah only LPO's or store security are allowed to do anything about shoplifters as associates just aren't trained on all of the elements that you need to have witnessed in order to actually legally detain somebody.

[BallPeenHammer2]

^ I agree. From a person that's worked in the industry.

FYI, a certain coffee shop in Richmond does the whole o/t bs.

They hire a guy, give him 35 hours a week, on purpose, and the make him work 10 straight hours, no o/t, citing that he isn't "full time" so he's not obligated....

[wnderinguy]

Originally Posted by zulutango

If you are arresting someone, it is advisable to touch them on the arm, shoulder etc to let them know that is it them that you are arresting. That way they can not say then they didn't know that you were talking to them. Every person I arrested I touched first, usually lightly on the arm, unless it was during some sort of violent resistance on their part. As Soundy said, most businesses would rather avoid possible litigation that may result from a physical confrontation and let the thief get away with the crime.

would have eased this situation.

Rea is deaf, so he didn't hear the alarm or the shouts from a security guard ordering him to stop. The 28-year-old kept walking out of the Forever 21 until he was tackled and placed in a choke-hold by the guard.

http://www.cnn.com/2010/CRIME/08/19/...ex.html?hpt=T2

[socialenemy69]

Originally Posted by riccof

I work as a LPO for a certain department store, and we sure as hell are allowed to "touch" while we arrest people who are caught committing an offense (Theft under/over 5000, Fraud, Assault, Trespassing). Most people come willingly as they know they're already caught and we handcuff them right away anyways, but if they fight or run then yeah we're allowed to fight back or chase them down.

And yeah only LPO's or store security are allowed to do anything about shoplifters as associates just aren't trained on all of the elements that you need to have witnessed in order to actually legally detain somebody.

Ditto. Same for me at My work.

From my experience people will fight back if they have warrants. Majority of people co operate, few try to run.