How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4027
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

--------- Forwarded message ----------From: "Criseyde Brew"

Resolved Question:

--------- Forwarded message ----------From: "Criseyde Brew" Date: Dec 1, 2012 1:45 AM Subject: finally To:

I work for a company that contracts with different malls to promote a product, mostly perfumes. I was working in Macys and the security there hasvery detailed rules. I had asked them to tell me all their rules and thought they had told me all of them. But one day I was working in the Macys and I had to throw out something. The closesr garbage can was right outside of Macys however still inside the mall. I had the merchandisei was selling on me as i didnt want to put it down for it to possibly get stolen from me. I stepped out into the main mall for no more than 15 to 20 seconds to throw it away. I went back in Macys to continue working, but about 1 minute later 2 security officers from Macys came over to me and told me to come with them to security office. They initially asked me if I knew what I did wrong and said I had no idea. He actually ini told me how uch money Macys losesper year on theft. Then he explained that it was a serious violation of rules to step outside the Macys mall withcany merchandise. I had just stepped out of Macys but only to the main mall not outdoors to my car. They kept me in their office for 2 honours to write one report. They initially wrote that i knew of this rule but i wouldnt sign until they wrote the fact that I didnt know and was never informed of this rule. My wife happened to call me as she always does on her way home and i told her what happened. She tried 4 5 4 to to the security as English is my 3rd language and perhaps there was a misunderstanding. However they grabbed the phone from me and hung up on her e"hey then escorted me to 5 my backpack which only had my stuff i it and had been in Macys the whole time .They checked that bag and found nothing. Then told me to leave for the day. I told them i was not done with my shift but they said to go home answers. All this time I tried to call my boss who was not available. She called me back on my way home and then called security. As per my boss she told me that they told her that it "was not a big deal until they spoke to my wife who said they could not hold me without the police or proof of theft.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question. I'm sorry to hear about this situation, as it seems unfair.

In actuality, they cannot hold you at all, as they are not law enforcement officers (they are only security guards). Thus, this situation might be what is legally known as "false imprisonment." However, them telling you that you cannot leave is not the same as them forcing you to stay there. Unless they locked you in a room and physically prevented you from trying to leave, then no claim for false imprisonment will arise.

The next issue we need to address here is what potential effects it can have on your employment. Since you are not directly employed by Macy's, but work for a contractor, it is only the contractor (your boss) that can terminate you. From what you've told me so far, there has not been any indication from your boss that your job is in danger. The single legal issue that could arise out of this would be a claim against the security guards for Tortious Interference with a Contractual Relationship. They knew you were not a Macy's employee. They also knew that you did not know the rule regarding removal of merchandise from the store. Thus, if they file a false report with your employer, they could be liable to you for damages under this theory of law.

Finally, we need to address any potential criminal charges that might arise out of this situation. Theft requires proof of intent and actual completion of the crime. You stepping out into the mall with merchandise and then immediately returning to the store, given the circumstances, does not qualify as theft under the Florida Penal Code.

In the end, you have essentially been the victim of some very over zealous security guards. I suggest that you work with your boss to file a complaint for this and see if Macy's management will discipline the security guards for their ridiculous behavior.

Please let me know if you need further information or wish to talk about this situation further.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4027
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 8 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.