I am sorry to hear of this situation for your and your daughter.
I suggest, however, that shoplifting or retail theft
statutes indicate that there has to be an Intent to deprive the merchant of its goods.
If the sandals were in the open when the employee came into the bathroom then it is possible it would be hard to prove any intent to deprive
Remember if she is charged criminally, the state must prove its case beyond a reasonable doubt.
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Thank You and good luck with everything