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Apprehension.... Now What?

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  • Bill Warnock
    replied
    John, Curtis, were Darwin alive today he would have to revise his theory on "The Origin of the Species." With some of the folks filling leadership positions in corporations, it is stunning to behold. It gives one a moment's pause to consider were they born that way or did they have to work diligently to arrive at this point in time? My dad always told me it was inbreeding and that: "incest would do in a company. New blood bring new ideas and for some that represents a threat." On a surveys, I'm so tired and frustrated hearing the same thing again and again, but Mr. Warnock, we've always done it that way!
    Enjoy the day.
    Bill

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  • The Lord of the Keys
    replied
    Where I work in NY we both Civil Demand everyone and have them arrested.

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  • Curtis Baillie
    replied
    I'm wondering what company it is. Seems hard to believe a 'national company' would be that laxed. I'm currently working on a LP program for a client that has stores in Delaware, but I know it's not the one PetWolf works for.

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  • John H. Christman
    replied
    I agree with Mr Warnock - always be cautious about advice received from others since if you act on it and its wrong its your neck in the noose. First consult your LP Manual, then , if you can reach your DLPM or RPLM, get their advice and if they won't put it in writing make a "Memo For the File" in which you detail exactly what you were told, when youy were told, and by whom you were told, and file this memo in a safe place and keep as long as you're emp[loyed there. Frankly, the Dir of Security for that company is, in my opinion, unfit for the job and should be fired post haste! I'd love to represent a plaintiff in a LP related law suit against your company and have the LP agent involved testify as to the lack of his/her training. I cannot image your company is a national retailer and runs its security operation in such a fashion.

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  • Bill Warnock
    replied
    Originally posted by PetWolf View Post
    Oh I agree 100% about the lack of training is shocking... it took me six months just to meet the loss prevention manager. I am starting another part time lp job tonight actually so I am hoping that training will help some.

    Just as an update. I asked the ex state cop who is an lpm at another retail store and he said everywhere but delaware is it legal to a CD and prosecute. I was not find anything that verifies this, but for now I am airing on the safe side and just going to do one or the other.
    Kudos for at least asking someone; however, I would suggest you seek guidance from your company's legal counsel. If counsel is at a loss, hopefully they will seek a written legal opinion from your city, county or state/commonwealth attorney's office. Verbal is nice to have written is better.
    Enjoy the day,
    Bill

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  • PetWolf
    replied
    Oh I agree 100% about the lack of training is shocking... it took me six months just to meet the loss prevention manager. I am starting another part time lp job tonight actually so I am hoping that training will help some.

    Just as an update. I asked the ex state cop who is an lpm at another retail store and he said everywhere but delaware is it legal to a CD and prosecute. I was not find anything that verifies this, but for now I am airing on the safe side and just going to do one or the other.

    Leave a comment:


  • Bill Warnock
    replied
    Originally posted by John H. Christman View Post
    I am absolutely flabbergasted by this thread!!!! How a company can put an LP agent to work with little or no training in the fundamentals is criminal. I could (but won't) write a volume on what should have been done by this company. My advice is to quietly look for another job since you appear to have a knack for the work and with proper training should be quite successful.
    John I concur with your assessment; however, some in the leadership making such decision couldn't tell the difference between feces and a bad grade of honey. I see some of these "leaders" quasi managers literally running around like a blind dog in a meat factory. Were it not so tragic it would be hilarious.
    Enjoy the day,
    Bill

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  • Hank1
    replied
    I agree, find another company to do Loss Prevention for. Good luck to you.

    Be safe,

    Hank

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  • John H. Christman
    replied
    I am absolutely flabbergasted by this thread!!!! How a company can put an LP agent to work with little or no training in the fundamentals is criminal. I could (but won't) write a volume on what should have been done by this company. My advice is to quietly look for another job since you appear to have a knack for the work and with proper training should be quite successful.

    Leave a comment:


  • Curtis Baillie
    replied
    Here is the Civil Merchant Demand code for Delaware:

    "§ 8143. Limitations on civil actions for recovery for shoplifting.

    (a)(1) Before a civil action may be commenced, the merchants may send a notice to the defendant's last known address requesting that the defendant or the parent/guardian of a minor if the defendant is a minor make payment of the sums listed in paragraph (a)(2) of this section within 20 days of the date of the letter. It is not a condition precedent to maintaining an action under this section that the defendant has been convicted of shoplifting or theft or that a police report has been filed.

    (2) No civil action under this section may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise where the merchandise was not recovered in its original condition, plus a penalty in the amount of the retail value of the merchandise or $150, whichever is greater, within 20 days of the date of the initial demand letter. If the merchandise is recovered in merchantable condition, no civil action under this section may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise attempted to be taken or $150, whichever is greater, within 20 days of the date of the initial demand letter. Should the defendant fail to respond in a timely manner as described above, the merchant may request reasonable attorneys' fees in addition to the amounts described above and shall be entitled to recover costs of suit and reasonable attorneys' fees upon filing of an action.

    (b) If the person to whom a written demand is made complies with such demand within 20 days of the date of the demand, that person shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft.

    (c) Parents or legal guardians of an unemancipated minor who triggers the liability portion of this section shall be jointly and severally liable civilly to the merchant. For purposes of this subsection, liability shall not be imposed upon any governmental entity or foster parents assigned responsibility for the minor child pursuant to a court order or action of any governmental agency. (75 Del. Laws, c. 159, § 1.)"

    I recommend contacting your company's loss prevention executives regarding policy and procedure, and what you should do or not do regarding the company you work for. Many times Civil Demand is not handled at the individual stores.

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  • PetWolf
    replied
    Ok thank you. I assume most if not all agree with you as to always do it.

    Just a small retort though.... stealing is dumb but people still do it.

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  • panther10758
    Guest replied
    All you need for CD is a name and address. Your proof is in your report. Its foolish (unless innocent) to fight Civil Demand because the fines jump so much if thats the case

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  • PetWolf
    replied
    Yeah I will when I get off work. I am also talking an ex state cop who is a lpm after work.

    Before today, as a result of hearin more about it yesterday, I did not even know it was 'legal'. I thought it was just my company's made up contract.

    Is there anything special you need to 'prove' it is valid? I mean I get there identity (name, add, ssn, ID #) and a written confession. Is this all that is legally needed?

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  • panther10758
    Guest replied
    Check your state laws but since one is criminal and the other Civil I dont see why you can't do both

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  • PetWolf
    replied
    I understand that now. The way it was explained to me was that you civil demand or arrest. And that it was not 'legal' to do both in delaware. I blame my company lol.

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