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Old 12-28-2007, 03:54 PM   #1
nthfinity
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Default Stop a thief, get fired?

http://www.mlive.com/news/index.ssf/...for_stopp.html

Grocery worker fired for stopping shoplifter

by Dave Gershman | The Ann Arbor News Thursday December 27, 2007, 8:15 AM


"The fact that I worked at the store at (the time of the robbery) is coincidental. If I had went over to the book store on my break and they were being ripped off, I would have helped them." - fired worker John Schultz

"The fact that he touched him, period, is means for termination," - Kate Klotz, Whole Foods spokeswoman.

BY DAVE GERSHMAN
The Ann Arbor News

John Schultz says he lost his job at Whole Foods Market in Ann Arbor after he tried to stop a shoplifter from making a getaway. But the company says he went too far and violated a policy that prohibits employees from physically touching a customer - even if that person is carrying a bag of stolen goods.
Schultz says he had just punched out for a break at 7 p.m. on Sunday when he heard a commotion at the front door of the store, 3135 Washtenaw Ave. He said he came to the aid of the manager who yelled for help in stopping a shoplifter. Schultz, the manager and another employee cornered the shoplifter between two cars in the parking lot.

Schultz said he told the shoplifter he was making a citizens arrest and to wait for the police to arrive, but the shoplifter broke away from the group and ran across Washtenaw Avenue and toward a gas station at the corner of Huron Parkway.

Before the man could cross Huron Parkway, Schultz caught up and grabbed the man's jacket and put his leg behind the man's legs. When the manager arrived at the intersection, Schultz said, the manager told him to release the shoplifter, and he complied, and the shoplifter got away.

Schultz said he was called to the store's office the next day, on Christmas Eve, and was fired because he violated a company policy prohibiting employees from having any physical contact with a customer.
Kate Klotz, a company spokesperson, said the policy is clear and listed in a booklet that all employees have to acknowledge that they received before they can start work.

"The fact that he touched him, period, is means for termination," said Klotz.
Schultz said he acted as a private citizen on property that isn't owned by Whole Foods, but Klotz said where the incident happened doesn't change the policy.

"He is still considered an employee of Whole Foods Market regardless of where he was and what was happening," she said.
The police report of the incident doesn't mention Schultz's involvement. It says police responded to the call of retail fraud at 7:09 p.m. and could not locate the shoplifter.

The thief was described as a thin white male, 5-foot-10, in his mid-20s, wearing a black jacket, tan pants and carrying a backpack.

The report says store employees were suspicious when the man walked into the store and they watched as he filled up a basket and then took it into a bathroom. When he came out, his basket was empty, but his backpack looked full. Then he filled up a canvas store tote bag with groceries, and walked out the door.

The manager and the other employee told police they caught up to the shoplifter at the corner of Washtenaw and Huron Parkway. It says one of them grabbed the tote bag away from the shoplifter, and the suspect walked away. The bag contained $346 worth of food and other products.

Schultz, 35, of Ypsilanti Township, had worked at the store for five years, most recently as a fishmonger. He wants his job back.

"The fact that I worked at the store at (the time of the robbery) is coincidental," he said. "If I had went over to the book store on my break and they were being ripped off, I would have helped them."

Reporter Dave Gershman can be reached at 734-994-6818 or [email protected].
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Old 12-28-2007, 03:58 PM   #2
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This one is surely winnable - as once the "customer" was across the street, he was no longer a "customeR" - otherwise yourun the risk of being fired for shaking the hand of a person who bought goods from the store in the past.

This one needs to go far and loud and become very expensive for the store.

Hope this guy finds a probono lawyer who will tie them up in a squillion dollar lawsuite.
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Old 12-28-2007, 09:02 PM   #3
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yeah,i'm nt surprised they fired him but that doesnt make it right.

the company i work for has the same policy. in fact, our store had a employee fired for defending himself in the parking lot. another guy was waiting for him in the lot to kick his ass (over a girl, apparently) and when he fought back they fired him haha. crazy world....
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Old 12-28-2007, 09:19 PM   #4
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Originally Posted by Garretts_turbo View Post
yeah,i'm nt surprised they fired him but that doesnt make it right.

the company i work for has the same policy. in fact, our store had a employee fired for defending himself in the parking lot. another guy was waiting for him in the lot to kick his ass (over a girl, apparently) and when he fought back they fired him haha. crazy world....
I've stopped people while I worked there, both in Kzoo, and locally... I guess the management agreed with me on those notes at those times

In my opinion, it is that philosophy that lead to so many dying at Virginia Tech..
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Old 12-28-2007, 11:35 PM   #5
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Originally Posted by Garretts_turbo View Post
yeah,i'm nt surprised they fired him but that doesnt make it right.

the company i work for has the same policy. in fact, our store had a employee fired for defending himself in the parking lot. another guy was waiting for him in the lot to kick his ass (over a girl, apparently) and when he fought back they fired him haha. crazy world....
I take it you live in a state where the right to self protection is not acknowledged?

Such "policies" of employment shoul dbe countered on grounds of discrimination - as they clearly discriminate against those that display moral and appropriate behaviour
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Old 12-29-2007, 06:25 AM   #6
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How is that guy a customer, when he didn't actually pay for anything? If I go and steal a Ferrari, am I a Ferrari customer?
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Old 12-29-2007, 11:52 AM   #7
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Originally Posted by RC45 View Post
I take it you live in a state where the right to self protection is not acknowledged?

Such "policies" of employment shoul dbe countered on grounds of discrimination - as they clearly discriminate against those that display moral and appropriate behaviour
There is doing things "your way" and the "right way" .
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Old 12-29-2007, 03:27 PM   #8
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Originally Posted by Pokiou View Post
There is doing things "your way" and the "right way" .
And stopping a shoplifter is not the "right way"?

Or defending yourslef when attacked is not the "right way"?

Seems that employment policy is discriminatory - as the state and federal government support ones right to protect property and person - terms of employment cant and dont dissolve state and federal laws
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Old 12-29-2007, 11:45 PM   #9
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Originally Posted by regele View Post
How is that guy a customer, when he didn't actually pay for anything? If I go and steal a Ferrari, am I a Ferrari customer?


I hope he gets a good lawyer and sues the store for wrongful termination, discrimination, and an unclear definition of what a "customer" is.
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Old 12-30-2007, 09:53 PM   #10
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How is that guy a customer, when he didn't actually pay for anything? If I go and steal a Ferrari, am I a Ferrari customer?
He was when he was on store grounds. Not when he left. Invitation to treat and acceptance of such is enough. No contractual relationship with due consideration is necessary. As such. his stopping of the thief (which is legal under the common law) is no grounds for termination of employment. Yes, I am slightly hungover at a debating tournament.
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Old 12-30-2007, 10:22 PM   #11
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Originally Posted by ViperASR View Post
an unclear definition of what a "customer" is.
I mean - when do youstart and stop being a customer?

If you intended to buy something, but just weren't prepared to pay fo rit right now, so youwalk off with it... you are not stealing - just delaying payment

This might mean that nobody caught 'stealing' from this store could ever be prosecuted for theft, as they were still customers when apprehended, they just had not paid yet
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Old 12-31-2007, 03:14 AM   #12
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Originally Posted by RC45 View Post
I mean - when do youstart and stop being a customer?

If you intended to buy something, but just weren't prepared to pay fo rit right now, so youwalk off with it... you are not stealing - just delaying payment

This might mean that nobody caught 'stealing' from this store could ever be prosecuted for theft, as they were still customers when apprehended, they just had not paid yet
lmao

"delayed payment"
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Old 01-29-2008, 05:36 AM   #13
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Almost all business in the US have the same policy of not interfering with robbery, shoplifting, etc. They are so scared of lawsuits from employees and the criminals that they have implemented this policy. Leave it to us to sue over anything. I agree with William Shakespeare "The first thing we do, let's kill all the lawyers."
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Old 01-29-2008, 07:34 AM   #14
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Originally Posted by Garretts_turbo View Post
and when he fought back they fired him haha. crazy world....
I'm sorry, but not a crazy world, but crazy USA specialty...

I'm not one of those who hate US, on the contrary, but its especieally such situations and the huge amount of sues that really annoy me... Like suing micorwave-oven producers for not having "do nto put animals into oven" in the brochure
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Old 01-29-2008, 05:49 PM   #15
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wow! Had this incident happened here in India the guy would have got his 'heroic' act published in the newspapers and he probably would have been promoted as well.. Firing him was so stupid
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