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wrongly accused of shoplifting

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Comments

  • Registered Users, Registered Users 2 Posts: 2,158 ✭✭✭Tayla


    I had a terrible experience being accused of shoplifting when I was 7 months pregnant....I was in a clothes shop trying on some tops, I put the clothes back and walked out of the shop, crossed the road and went into a pharmacy.

    The woman from the shop chased me into the other shop and started accusing me of stealing clothes from the shop, I said I am 7 months pregnant and she said "well you weren't pregnant when you came into the shop". I said "yes I definitely was" and she said "no you weren't because I was commenting to my friend about what a lovely figure you had".

    I was getting extremely emotional and frustrated at this stage and was standing in the cosmetics section of a pharmacy, I asked the ladies at the beauty counters would they stay and be my witnesses and they just walked off, I was clearly pregnant and very upset.

    I walked out of the shop and the woman from the shop followed me and started shouting at me to "lift up my top" and to come back over to watch the security footage, I said no I would not and if she went over herself to watch it then she would see I was pregnant and did not take anything.

    We must have stood there for around 10 minutes and I finally just lifted up my top in floods of tears and she saw the baby bump, the woman was absolutely horrified, her hand went to her mouth and she went white as a ghost.

    I decided not to sue as to be honest I don't really believe in people making claims for the sake of it and IMO nothing good ever comes out of compensation money that's not really necesssary but the next day my dad went in and went mental at them, they wrote me out a letter of apology and gave me a gift voucher for the shop and she went over to the other pharmacy to admit that she was in the wrong and that I hadn't actually taken anything.

    I made a point of going back up there a couple of months later when I had the baby and tbh the girl was still mortified over the whole thing.


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    ...The security guard didn't follow protocol and as a result an overly anal person could press for compensation....

    I think that the attitude shown by some people in this thread is reprehensible.

    OP was obviously very distressed by the incident. She has not said that she is intending to take legal action; if anything, she has suggested that she is not considering going down that road. Yet she has been accused of trying to make a quick buck, and now we have a suggestion that she might be overly anal.

    When first posted, it was given to us as a consumer issue; now the mods have decided it is a matter for legal discussion. Neither forum, so far as I understand things, is an appropriate place for such comments.


  • Posts: 24,798 ✭✭✭✭ Leonard Chilly Llama


    Kindly take those words you've put into my mouth out of it thank you.

    Choosing to post that single line and accusing me of calling the OP anal is pretty untoward.

    I was asked why the area manager was making a fuss, and gave an answer. It was based on my perception of how an Area Manager behaves, not on the OP.

    Please refrain from misquoting me in future.


  • Registered Users, Registered Users 2 Posts: 27,742 ✭✭✭✭noodler


    The shop manager's effort to distance himself from the event is pathetic, but telling. The phone call from the area manager indicates that he knows they have a real problem.

    I am not a vengeful person, and not into the compensation culture so beloved by some people. But no way would I settle for an apology and a €50 voucher. I suspect that the area manager is thinking "this could cost thousands" -- and, in my opinion, it should.

    Unless your reputations are of no value
    .


    A perfect example of what is wrong with this country in my opinion.


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    Kindly take those words you've put into my mouth out of it thank you.

    They were your words.
    Choosing to post that single line and accusing me of calling the OP anal is pretty untoward.

    I was asked why the area manager was making a fuss, and gave an answer. It was based on my perception of how an Area Manager behaves, not on the OP.

    Please refrain from misquoting me in future.

    I didn't misquote you. I indicated, by use of ellipsis, that I was quoting part of what you said. I didn't say that you called the OP anal; I said that you suggested it.


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  • Posts: 24,798 ✭✭✭✭ Leonard Chilly Llama


    How on earth did I suggest it?

    I answered a question about the Area Manager, as to why they would choose to cause a fuss. (In the general case - if this isn't clear enough already?)

    You then quoted me and suggested that I was insinuating that she was overly anal, even though you have pointed out in that same sentence that she has said that she doesn't intend to take legal action, and therefore has completely removed herself from the "group" which I suggested an Area Manager might consider Anal.

    Baffling tbh.

    Work on your thought processes more.


  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    January wrote: »
    Defamation is a big thing, completely different to libel as that's written.
    Not quite. Libel and slander are the two kinds of defamation. The law used to distinguish between the two. Libel (permanent form) was actionable per se (no proof of special damage i.e. beyond just general reputational damage, was required) where as with slander you had to show special damage.
    The 2009 Act has removes this distinction. It's now all classed as defamation as is all actionabl per se.
    k_mac wrote: »
    But do you not have to publish it to a third party?
    In this case that would be the colleague outside the shop and the people inside when they were searched. 'Publish' does not necessarily mean that you create something written or an image and actually go and publish it on posters etc.
    @234, thanks for the reply, I actually have very little/no experience with law. I was addressing the OP with common sense as opposed to a legal opinion.

    Simply feel that it's not a big enough deal to get wound up by.
    Personally I'd think its on the borderline. But ultimately it's up to the OP. If she feels that no damage was done to her reputation then she probably shouldn't do anything but just get an apology. However, if she feels that this incident has seriously impacted on her reputation and people will forever think different of her then she might seek legal advice.


  • Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    Happy days, get onto the solicitor and sue them.

    Hit them where it hurts - the pocket. You can be guaranteed that if they have to pay out any significant amount they will make sure that what happened to you doesn't happen to anyone else.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Apologys and vouchers my arse...

    I personally have arrested a hell of a lot of shoplifters and trained people to catch them as well.

    The rule is simple unless you are willing to bet your last testicle they did it and have the stuff let them walk.

    The loss to the shop you represent and the company is far to great. Never mind you personnally as the firm you represent can easily say you ignored the above bold procedure. Why cant they sue you.

    People are saying what is wrong with this country is people are to quick to sue in some cases that's true but in other cases people are not held to account. This security guard had a number of options. He opted for bully boy idiot. As a result of his actions others paid so why shouldn't he.

    Chances are if they OP pursues this she will at least get the cost of fighting the case offered to her by someone.

    I repeat my suggestion of suing them. If you have a case why not.

    This guy did not just act like an asshole he acted like a bully everyone should know to stand up to bully's.


  • Registered Users, Registered Users 2 Posts: 2,226 ✭✭✭angelfire9


    Tayla wrote: »
    I had a terrible experience being accused of shoplifting when I was 7 months pregnant....I was in a clothes shop trying on some tops, I put the clothes back and walked out of the shop, crossed the road and went into a pharmacy.

    The woman from the shop chased me into the other shop and started accusing me of stealing clothes from the shop, I said I am 7 months pregnant and she said "well you weren't pregnant when you came into the shop". I said "yes I definitely was" and she said "no you weren't because I was commenting to my friend about what a lovely figure you had".

    I was getting extremely emotional and frustrated at this stage and was standing in the cosmetics section of a pharmacy, I asked the ladies at the beauty counters would they stay and be my witnesses and they just walked off, I was clearly pregnant and very upset.

    I walked out of the shop and the woman from the shop followed me and started shouting at me to "lift up my top" and to come back over to watch the security footage, I said no I would not and if she went over herself to watch it then she would see I was pregnant and did not take anything.

    We must have stood there for around 10 minutes and I finally just lifted up my top in floods of tears and she saw the baby bump, the woman was absolutely horrified, her hand went to her mouth and she went white as a ghost.

    I decided not to sue as to be honest I don't really believe in people making claims for the sake of it and IMO nothing good ever comes out of compensation money that's not really necesssary but the next day my dad went in and went mental at them, they wrote me out a letter of apology and gave me a gift voucher for the shop and she went over to the other pharmacy to admit that she was in the wrong and that I hadn't actually taken anything.

    I made a point of going back up there a couple of months later when I had the baby and tbh the girl was still mortified over the whole thing.

    To be honest if that had happened to me when I was pregnant I'd have sued and given the money to a children's hospital (like you I don't think anything good would come from compo money)
    Being pregnant is hard enough without that happening

    You poor sod I'm horrified!


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  • Banned (with Prison Access) Posts: 245 ✭✭montane


    Tayla wrote: »
    I had a terrible experience being accused of shoplifting when I was 7 months pregnant....I was in a clothes shop trying on some tops, I put the clothes back and walked out of the shop, crossed the road and went into a pharmacy.

    The woman from the shop chased me into the other shop and started accusing me of stealing clothes from the shop, I said I am 7 months pregnant and she said "well you weren't pregnant when you came into the shop". I said "yes I definitely was" and she said "no you weren't because I was commenting to my friend about what a lovely figure you had".

    I was getting extremely emotional and frustrated at this stage and was standing in the cosmetics section of a pharmacy, I asked the ladies at the beauty counters would they stay and be my witnesses and they just walked off, I was clearly pregnant and very upset.

    I walked out of the shop and the woman from the shop followed me and started shouting at me to "lift up my top" and to come back over to watch the security footage, I said no I would not and if she went over herself to watch it then she would see I was pregnant and did not take anything.

    We must have stood there for around 10 minutes and I finally just lifted up my top in floods of tears and she saw the baby bump, the woman was absolutely horrified, her hand went to her mouth and she went white as a ghost.

    I decided not to sue as to be honest I don't really believe in people making claims for the sake of it and IMO nothing good ever comes out of compensation money that's not really necesssary but the next day my dad went in and went mental at them, they wrote me out a letter of apology and gave me a gift voucher for the shop and she went over to the other pharmacy to admit that she was in the wrong and that I hadn't actually taken anything.

    I made a point of going back up there a couple of months later when I had the baby and tbh the girl was still mortified over the whole thing.

    At least the lady was kind enough to compliment you on your lovely figure :pac:


  • Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    Op really sorry to hear what has happened to you. Really sounds like a horrible experience. Like someone else has said you need to stand up to the bully. I don't get the impression that you have dollar signs in your eyes. That doesn't mean you shouldn't have your days in court however.

    Nothing wrong with talking to a solictor. They will likely want to make this go away as quickly as possible. Make them suffer a little. They deserve it.


  • Closed Accounts Posts: 543 ✭✭✭CK2010


    A similar thing happened to myself and my partner when we were with another couple, we both had a child each in a pram. we had shopped in tescos and had toilet rolls and some other equally bulky items in the basket of one of the prams, and the rest in bags hanging from the prams but not open or anything. the stuff in the basket was all obviously branded with tesco (the cheapo tesco brand stuff cause we were broke! :p)
    on the way home we realised we forgot something so stopped in a smaller but still big enough and well known supermarket. not thinking anything of it because all the stuff was branded with 'tesco'. actually if im honest i dont think we even gave it a second thought.

    we paid for our stuff in that supermarket and as we walked out a manager followed us out of the shop and in front of everyone said 'have you got a receipt for those items' pointing to our tesco products. my partner getting quite agro told him no and kept walking, but myself and my friend (both girls who dont like any confrontation) went searching for the receipt. the manager then went on toput his arm in front of us to block the exit and say loudly 'you didnt pay for those items and i need to see a receipt before you leave'. eventually we found it and showed him (much to our boyfriends' annoyance) and he just said ok and walked away. we made it clear we would not be back.

    this was fairly embarassing for us and we werent given an apology. we were a little shook up too. so i do know that its not a nice experience, even if we were a little to blame for bringing stuff in. and i know that you were more blatantly accused than we were. but you were given an apology. and were contacted again to talk further about the issue. if i were you id be gracious and accept the apology. the fact is that it was a mix up and it shouldnt have happened but it did. im sure you've made mistakes in your line of work that was forgotten about once you apologised.

    if i were in your shoes id try to get assurance from the manager that it wont happen again to anyone else.if you want, let it be known that you are not happy and will not return, etc.
    and if he offers you anything by way of compensation, like a voucher or whatever, just ask that he donates it to a local charity (SVP).
    i really dont see the point in trying to gain something from this though. your just dragging it all out more than it needs to be.

    thats just my opinion though, not saying im right or wrong, just what i think is best for all involved.

    Edit: also, for everyone saying that the security guy was a bully and needs to be stood up to, i can be pretty sure that he got a good talking to once the OP left, and id say he was just as humiliated by it all. he was a fool and shouldnt have been so quick to judge/accuse, but everyone on here is doing the same thing to him: accusing him of being an idiot/bully boy etc. instead of thinking of him as a guy who made a mistake.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    False Imprisonment? They were requested to re-enter the shop and did so. Nothing imprisoning about that.

    Defamation? It wasn't posted in any paper, or broadcast on the Six one news

    This isn't America, I hate this "letter of the law" BS.

    They were ORDERED back into the shop. They were made to feel it was compulsory and that they were not free to go. That is an arrest and detention.

    It was seen by other people. That is enough for defamation.

    No one ever said it was America. This is Ireland. We have laws which protect the good name of citizens and protect people from being deprived of their liberty without lawful authority. There are also property rights.

    The shop will do nothing now as they will have to contact their insurers and or lawyers immediately and will be told to make no admissions.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    They were ORDERED back into the shop. They were made to feel it was compulsory and that they were not free to go. That is an arrest and detention.

    It was seen by other people. That is enough for defamation.

    No one ever said it was America. This is Ireland. We have laws which protect the good name of citizens and protect people from being deprived of their liberty without lawful authority. There are also property rights.

    The shop will do nothing now as they will have to contact their insurers and or lawyers immediately and will be told to make no admissions.

    No it isn't. Even an arrest by a Garda requires some physical contact.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    k_mac wrote: »
    No it isn't. Even an arrest by a Garda requires some physical contact.

    An arrest does not require physical contact. There often is physical contact to ensure the person knows they are under arrest. A lawful arrest requires that the person is told that they are under arrest and are informed of the reason. Unlawful arrest can and does happen without any of the formalities associated with a lawful arrest. An arrest is a question of fact. Is a person made to feel that they cannot leave the place they are in. If a gun is pointed at you and you are told not to move, you are arrested.


This discussion has been closed.
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