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Old 04-11-2008, 12:57 AM   #1  
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Default What would you do?

If you were accused of shoplifting. Here's the story:

About 18mths ago, our LSS had a sale in the evening, so I went along with my neighbour and our kids and we were both pregnant at the time. Anyway, I decided to go back later on by myself and noticed one of the staff was following very close behind me, and I even joked to my husband when I got home that maybe she thought I had stolen something.

Anyway, a week later I go back into the shop and as I was about to leave, the manager comes up to me and says that one of their staff members saw me put something in my bag at the sale and didn't pay for it. I was dumbfounded, as I would never intentionally shoplift, and told them that if I had absentmindedly picked something up (being pregnant and all) that I would have a look at home and look at the receipt and see if there was anything untoward but I couldn't find anything I hadn't paid for.

Please not that they didn't stop me at the door to check my bags, didn't have any security cameras and didn't even know what it was I was supposed to have taken! What am I supposed to say to defend myself against that!

So I rang them back, and they were still adamant that they had seen me, and my husband rang them and they basically banned me from the shop.

Well I have never stepped foot in their since, but this weekend there is a papercraft show on, and they have a stall there. Turns out they said to the organiser (who I am a customer of and know quite well) that I was a shoplifter and to watch out for me and wanted her to tell everyone. Well she told me what they had said and I am so upset! I am going back to the show tomorrow with a friend, and don't want to feel like I am being watched constantly. Unfortunately, over here the shows are often the only place to get a lot of quality stamping products so I really want to go and enjoy it.

So that's my situation. What would you do?? Most of the business I shop at know what happened and know I would never steal. But the out of town businesses might believe them as they don't know me.
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Old 04-11-2008, 02:11 AM   #2  
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I would contact a lawyer for some legal advice. What they are doing is defamation of character. I know there are many lawyers that would give advice for low cost or free.

First of all, if they suspected you were shoplifting, why didn't they stop you the first time? After the fact, they have no proof, really!

Even if that worker saw you "put it in your bag" well, what if you were putting a kleenex back into your purse after you used it, or what if you got a pen out to write something down then decided to put it back? I take things and put them back into my purse all of the time! I have a little tape measure in my purse to measure stuff to make sure that is what I want I take out and put back all of the time. If they suspected me of shoplifting, I would say "look in my purse then!" But AFTER the fact, they have no right to do so!

I would go talk to a lawyer and see what they have to say about it first. Because they have no right to spread around and accuse you of something when they do not have actual evidence to prove it in the first place. If they felt that way, they should have caught you the first time. Also, a letter sent to them from a lawyer may help to make them stop--because who wants to get a letter from a lawyer?
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Old 04-11-2008, 02:12 AM   #3  
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I would call the owner of the show and ask to take her out for coffee to discuss this incident. Sometimes that type of gesture is all that is needed to break down the ice that is forming...

I would explain your view as a customer. That you did not take anything, now feel slandered, and ask how she would feel in your shoes. I would tell her that you believe shoplifting is rampant and a legitimate concern for store owners. However, if an employee thought she saw you stealing something she should have acted before you left the store. Now you are in a position of feeling like you have to prove a negative and that is impossible. Other folks in the community are hearing this story, which casts you as a thief. This is not a good thing.

Further, I would explain that since they do believe you stole product, the best course of action for all concerned is for you to stay out of the store and for the store to cease spreading false information about you. In exchange, you will not bad mouth the store to your friends.

I would not ever go the LSS again and I would not talk about the LSS to anyone else.

If she doesn't want to meet for coffee, I would ask to set up an appointment at a place near the store. I would treat it like a business appointment, dress accordingly and not bring the kids.

If she doesn't want to talk at all, I would spend the money for a couple of hours of a lawyers time and get the lawyer to send a letter saying the above.

I would go to the bigger sale, buy and keep receipts and grimace through it.

I'm not saying you should do these things, but you asked what I would do and that's what it is.
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Old 04-11-2008, 02:42 AM   #4  
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Call the store and tell her that if she doesn't stop, you will be contacting a lawyer and will be suing her. It is one thing to ban you from the store, another thing to slander your character without proof.
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Old 04-11-2008, 02:52 AM   #5  
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Hi, me again
I found this website with a simular situation you are in. It answers some of your questions.
Check out this website:
http://www.expertlaw.com/forums/showthread.php?p=63569

It is about a person who was accused of stealing perfume.
It may be you would have a good case against them.
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Old 04-11-2008, 03:16 AM   #6  
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Good, Lord. What a horrible thing to do to you. I would definately tell her to quit slandering you or get a lawyer.
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Old 04-11-2008, 03:40 AM   #7  
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Get a lawyer, sue for millions, then buy the LSS. This is America after all someone got millions for spilling hot coffee on themselves. Seriously though that is slander and a lawyer can and will stop this craziness. Call one today.
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Old 04-11-2008, 04:07 AM   #8  
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Originally Posted by StampingdeedeeView Post
Get a lawyer, sue for millions, then buy the LSS. This is America after all someone got millions for spilling hot coffee on themselves. Seriously though that is slander and a lawyer can and will stop this craziness. Call one today.
This comment made me laugh I too, would contact a lawyer. I would also call the LSS and TELL them I was contacting a lawyer. I think that you would probably never have to take it as far as court. A call from you and a call from a lawyer to the LSS would probably be enough to shut them up.
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Old 04-11-2008, 04:12 AM   #9  
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Originally Posted by StampingdeedeeView Post
Get a lawyer, sue for millions, then buy the LSS. This is America after all someone got millions for spilling hot coffee on themselves. Seriously though that is slander and a lawyer can and will stop this craziness. Call one today.

I think she is from New Zealand... they may not be quite as sue-happy there
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Old 04-11-2008, 04:24 AM   #10  
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How horrible!! It sounds very wrong to me that if they don't have anything they can prove - and why would they - that they can not only accuse you but accuse you to other people. I would hate to be in a situation like that.
No advice to offer except to get professional advice. And stick your head up and chin out- you have nothing to be ashamed of.
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Old 04-11-2008, 04:29 AM   #11  
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That is horrible. I would definitely take Joan's advice. I'm so sorry this has happened to you.
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Old 04-11-2008, 04:40 AM   #12  
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Originally Posted by *brailler*View Post
I would contact a lawyer for some legal advice. What they are doing is defamation of character. I know there are many lawyers that would give advice for low cost or free.

First of all, if they suspected you were shoplifting, why didn't they stop you the first time? After the fact, they have no proof, really!

Even if that worker saw you "put it in your bag" well, what if you were putting a kleenex back into your purse after you used it, or what if you got a pen out to write something down then decided to put it back? I take things and put them back into my purse all of the time! I have a little tape measure in my purse to measure stuff to make sure that is what I want I take out and put back all of the time. If they suspected me of shoplifting, I would say "look in my purse then!" But AFTER the fact, they have no right to do so!

I would go talk to a lawyer and see what they have to say about it first. Because they have no right to spread around and accuse you of something when they do not have actual evidence to prove it in the first place. If they felt that way, they should have caught you the first time. Also, a letter sent to them from a lawyer may help to make them stop--because who wants to get a letter from a lawyer?
AMEN! Call a lawyer!
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Old 04-11-2008, 04:41 AM   #13  
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I can imagine this has been very upsetting for you and your husband, as I know it would be for me. Sweetie, I agree with Joan's advice.

Hugs to ya, Janice
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Old 04-11-2008, 05:16 AM   #14  
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I'd take Joan's advice!
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Old 04-11-2008, 05:20 AM   #15  
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I would be quite upset as you are - for them to be telling everyone you're a shoplifter and trying to get this information spread without any proof is just wrong! I agree you need to at least contact the shop owner and get this taken care of!
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Old 04-11-2008, 05:29 AM   #16  
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That's horrible. You have tried dealing with the store and it sounds like there is no changing their mind. If it were me, I'd contact a lawyer. I would call the owner of the store, explain that you understand their position; however, you did not take anything and they have no proof. I don't understand why the didn't stop you at the time if they thought that. I would tell them that you are contacting a lawyer so your name isn't further slandered.
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Old 04-11-2008, 07:24 AM   #17  
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From what I understand - New Zealand is a lot like England where I lived for many years.

Contact the equivalent of Citizen's Advice (or look it up on the web) and seek legal advice - people have a right to ban you from being on their property for whatever reasons HOWEVER she is actually breaching your human rights by slandering you.

Truthfully, to me, you had an honest reaction (remembering those pregnancy hormones well myself) and you did your best to rectify the situation (checking your bag/purchases/receipt - honestly what more where you supposed to do?). The problem is now with the LSS. If the legal system is similar to Britain's then I think you can actually write a type of "ceast and desist" letter directly to the LSS and file it with the courts and police - at the very least this is ongoing harrassment.
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Old 04-11-2008, 07:40 AM   #18  
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Oh sheesh, what a crap situation. It's obviously not a shop you want to be at any more and if they want to waste time following you around at a showt hen let them. But please don't go near a lawyer - if it isn't blown all out of proportion now it will be once a lawyer steps into the picture.
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Old 04-11-2008, 07:44 AM   #19  
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Originally Posted by StampingdeedeeView Post
Get a lawyer, sue for millions, then buy the LSS. This is America after all someone got millions for spilling hot coffee on themselves. Seriously though that is slander and a lawyer can and will stop this craziness. Call one today.
You've been reading Dear Paperlicious, haven't you? ;)
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Old 04-11-2008, 07:45 AM   #20  
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Wow! I know how you feel. This happened to me too in a LSS store in Carlsbad, Ca. The owner came to me and said I needed to pay for what was in my bag. Well, I had nothing of hers in my purse. She continued to say that I had taken something. I emptied my purse, all of my pockets, and told her she could do a "pat down". After all of that, there was not even a tiny
apology. I was in my early fifties then. I have never gone back and still have negative feelings. Your situation sounds even worse.
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Old 04-11-2008, 09:26 AM   #21  
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I hate to slander anyone but it does sound a bit like the person following you was the one on 'the take' and covered it up by using you.

There was a supervisor in a large automotive store and there were several young cashiers under her. A relative of mine worked answering the phones. It turned out there was always money missing when the count was done in the evening and this supervisor would then have the cashiers fired.

This went on for quite some time and eventually, she picked on the wrong cashier, in fact, her father. The man knew his daughter was innocent and made the managers of the store put something in place unbeknown to the supervisor of these girls.

It turned out she was skimming money herself from the tills and blaming the cashiers. She was fired. Later on, I saw her working in a large department store nearby. The managers did nothing besides firing her as they didn't want it to become common knowledge and have all the other cashiers who were fired come after them. I guess now it was someone else's problem.
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Old 04-11-2008, 09:47 AM   #22  
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I totally agree with so many others you have a GREAT slander case, the base for slander and Liable cases are that what is being said or written is NOT true. So the fact that the have zero proof and did not even stop you on the day you supposedly shoplifted is even better for you. I would at the very least file a harrasment complaint with the police. When they get a visit from them I would love to see the officers reaction when they tell their story that would be a laugh. You also have a great defimation complaint because now they are taking their unfounded accusations and telling folks as fact that you are a shoplifter and watch out. I would go to the craft show and with a friend while standing in front of their booth say very loudly to your friend of course "THESE ARE THE PEOPLE THAT ACCUSE THEIR CUSTOMERS OF SHOPLIFTING WITH ABSOLUTLY NO PROOF, CAN YOU IMAGINE" Because unlike them what you are saying can not be found to be slander because it is true and you have your hubby and the event coordinator as your proof. I am so sorry for you and I hope this store closes their doors in SHAME!!!!
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Old 04-11-2008, 01:25 PM   #23  
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Wow...how awful for you! I would call the owner of the store and indicate that you did not steal and were notified that she was speaking to other merchants about you. You would like her to stop or you will be contacting an attorney. Personally, I might even write this down in a letter form and have someone deliver it in a sealed envelope. This way it is handled before the event that you want to go to.

I would think that if you notified them that you were contacting an attorney, they would realize the importance of the situation.

Good luck and please let us know what happens.
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Old 04-11-2008, 03:03 PM   #24  
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Something similar happened to a friend of mine and she was "banned" from the store ---- she didn't do anything about it. I feel for you. I know I wouldn't be inclined to pursue it if it was me however I think the suggestion to talk to the owner over coffee is a good one --- good luck whichever way you go. . .
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Old 04-11-2008, 03:57 PM   #25  
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I don't know about new Zealand but in Ohio, in order to prosecute a shoplifter you have to see exactly what the suspect took and exactly where they put it (in their pocket, purse, etc). Also, you have to stop them and hold them there until the police get there and then you must prove to the police that is happened. I worked retail for many, many years and never once could actually catch a shoplifter. They make it so easy for criminals to shoplift yet they harrass the good people, it is a shame!
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Old 04-11-2008, 04:09 PM   #26  
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I don't know about new Zealand but in Ohio, in order to prosecute a shoplifter you have to see exactly what the suspect took and exactly where they put it (in their pocket, purse, etc). Also, you have to stop them and hold them there until the police get there and then you must prove to the police that is happened. I worked retail for many, many years and never once could actually catch a shoplifter. They make it so easy for criminals to shoplift yet they harrass the good people, it is a shame!
My DH use to work in a very popular retail store. They were told to NOT retain someone they thought they saw shoplifting, because they could be sued for that. Something to do with restraining you against your will AKA false imprisonment. Just even implying that they cannot leave could result in a lawsuit. They had 5 key things that they HAD to see happen before they could stop them. I won't post the store, but I can tell you it a big box retailer.
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Old 04-11-2008, 04:11 PM   #27  
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Why would they think you stole something when you payed for other things. That is just strange. I would call the manager and let them know you would contact a lawyer if it didnt stop.
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Old 04-11-2008, 05:01 PM   #28  
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My DH use to work in a very popular retail store. They were told to NOT retain someone they thought they saw shoplifting, because they could be sued for that. Something to do with restraining you against your will AKA false imprisonment. Just even implying that they cannot leave could result in a lawsuit. They had 5 key things that they HAD to see happen before they could stop them. I won't post the store, but I can tell you it a big box retailer.
I'm in Ohio too and they DO detain shoplifters. There was just a huge story on the Cleveland news this week about a guy who paid for all his groceries and then loaded his cart, after checking out, with Pepsi from the entrance area. This guy was caught by store employees and detained until the police got there. The store video of it was all over the news. I'm not saying that you aren't correct for PA, but in Ohio, they do detain shoplifters.
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Old 04-11-2008, 05:17 PM   #29  
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I'd tell them, "PROVE IT!"!!!!!

I don't know anything about where you are, but around here, that's called SLANDER, see definition here.

Check with your local authorities if there are steps you can take to stop it.

It really sucks when people you don't even know have control over your life! I don't like having to prove/defend my actions to anyone. I wish you the best! Keep us posted!! ;)
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Old 04-11-2008, 05:20 PM   #30  
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Originally Posted by amyz2988View Post
I'm in Ohio too and they DO detain shoplifters. There was just a huge story on the Cleveland news this week about a guy who paid for all his groceries and then loaded his cart, after checking out, with Pepsi from the entrance area. This guy was caught by store employees and detained until the police got there. The store video of it was all over the news. I'm not saying that you aren't correct for PA, but in Ohio, they do detain shoplifters.
That may very well be the case. AS I said above, the store employees HAVE to follow a certain criteria BEFORE they can detain someone. And I guess my whole point was that the OP didn't appear to fall into any of the criteria, so she is getting a bum deal. I feel very sorry that she is being wrongly labeled. I'm really really not trying to argue the laws of detaining shoplifters, just sharing what I know.
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Old 04-11-2008, 05:23 PM   #31  
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Yeah, what they all said and then some!!!!! I would report them most definetley and take action.
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Old 04-11-2008, 05:29 PM   #32  
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I know a couple of people here have just said be quiet - can I just point out that by ignoring and keeping quiet that its just going to continue to happen, the OP has been quiet and to quote Dr Phil "how's that working for ya?". IMHO it isn't. The OP needs to take a positive and firm stance.

The LSS have shown what they are going to do - I don't actually believe they deserve the opportunity of a cup of coffee and a chat (but to each his own). The OP needs to categorically defend her integrity - this could have implications years from now where the OP may not be considered because of this "rumour" (jobs, loans, committees, etc). It's not easy to stand up however, in this case the snowballing has already started and its easier to stop this before it become a boulder-sized ball of untruth.
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Old 04-11-2008, 05:55 PM   #33  
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Wow. What a rotten thing. That store owner surely can't expect to keep her business running if this is how she treats customers!

I agree with many of the above people who've suggested getting a lawyer or whatever is appropriate where you live. It's reasonable for her to ban someone from her store if she truely belives they stole from her.... it's not reasonable to spread rumors and hurt that person's reputation without any proof. Send a strong message that you won't put up with having your reputation trampled.
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Old 04-12-2008, 04:10 AM   #34  
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Originally Posted by chickers089View Post
My DH use to work in a very popular retail store. They were told to NOT retain someone they thought they saw shoplifting, because they could be sued for that. Something to do with restraining you against your will AKA false imprisonment. Just even implying that they cannot leave could result in a lawsuit. They had 5 key things that they HAD to see happen before they could stop them. I won't post the store, but I can tell you it a big box retailer.
If I'm thinking of the same Big Box retailer you are, I used to work there too and regular old employees were not allowed to do anything about shoplifting except report it to a manager. I can't tell you how many times I saw actual stealing right from under my nose, and couldn't do a darn thing about it except tell my boss. Of course, my boss wasn't the one to 'see' anything, so they couldn't do anything about it, either.
It is true that retailers are not allowed to detain people. Only the police can do that. Even security can't touch you, or detain you. But if they have you on camera, you're caught anyway.
To the OP, I would definitely have a lawyer write up a letter telling her to 'cease and desist' unless she has proof to back up her claim. AND I would let everone know how you were treated!
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Old 04-12-2008, 06:11 AM   #35  
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Originally Posted by KatarinaMView Post
If I'm thinking of the same Big Box retailer you are, I used to work there too and regular old employees were not allowed to do anything about shoplifting except report it to a manager. I can't tell you how many times I saw actual stealing right from under my nose, and couldn't do a darn thing about it except tell my boss. Of course, my boss wasn't the one to 'see' anything, so they couldn't do anything about it, either.
It is true that retailers are not allowed to detain people. Only the police can do that. Even security can't touch you, or detain you. But if they have you on camera, you're caught anyway.
To the OP, I would definitely have a lawyer write up a letter telling her to 'cease and desist' unless she has proof to back up her claim. AND I would let everone know how you were treated!
Yup, DH said that only Loss Prevention and MAnagement could even say something IF they had all 5 pieces of their "puzzle". It's sad really. this is why prices of everything go up. I hope OP can get this straightened out.
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