To Catch a Thief - Legally

Posted by in Retail


External theft can be damaging to any retail business’s profit margins but detaining a shoplifter can cost more in the long run if not handled properly. It’s a thin line between company and consumer rights where any number of missteps could make the business liable should the customer decide to sue.

Legal expenses loom around every action taken when apprehending suspected shoplifters. It’s important to train employees on the proper way to deal with a shoplifting situation instead of trusting them to act on instinct. In the heat of the moment an overly-eager yet under-experienced associate may go gung ho and take it on themselves to tackle a potential thief. While noble in intent, this is exactly the sort of stunt that will land the company in small claims court. Worse yet, someone could get seriously injured.

Give staff members instructions to safely and successfully stop shoplifters legally. Don’t count on a side comment to a new hire to stick. Make the information accessible in an instant for any employee that spots someone trying to swipe something. Companies should detail the protocol for confronting suspicious customers in their handbook and post signs outlining the steps to stop shoplifters in the break room.

The most important step to remember before accusing anyone of anything is to be 100% sure that the suspect is intentionally trying not to pay for an item. According to eHow, if there is any question that there could be a misunderstanding it’s best to go with the alternate explanation and assume the best instead of making slanderous allegations and opening the door to litigation.

In an event where the intent to take something without paying for it is obvious, the best way to deal with the situation and stay out of court is as follows:

  1. Establish visual contact to verify the subject doesn’t reshelf or pay for the item once they are aware of being watched.
  2. Don’t approach them inside the store where they still have a chance to do the right thing. Wait until after they have walked out to talk to them.
  3. The buddy system is the best way to approach anyone suspected of stealing so there is a witness to everything that is said or done. If the incident winds up in court, a third party will be able to tip the scales in a “my word verses yours” situation.
  4. Unless specifically stated in their job description, employees should never physically stop a shoplifter. Get as much identifying information as possible and report it to the police if the thief in question takes off.
     

Resources are available to help manage loss prevention legally. Take time at staff meetings to discuss the law and role-play possible dos and don’ts of shoplifting scenarios. Keeping staff safe and the company out of court can be as simple as ensuring employees know how to react rationally when they witness a crime.

Image courtesy of photostock / FreeDigitalPhotos.net

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  • Sean J
    Sean J
    good article
  • Heather Fairchild
    Heather Fairchild
    Thanks for the additional advice everyone! Cornell, I hope you can help catch the criminals, too. Just make sure to follow your company's guidelines to ensure your good deed doesn't go bad.
  • Cornell C
    Cornell C
    Shoplifting is wrong and I would love to catch the bad guys.
  • BILLY C
    BILLY C
    RETAIL THEFT HAS A GREAT PROFIT DETERMINING IMPACT ON RETAIL BUSINESS'S . THESE  SITUATIONS CAN BE RESOLVED IF THEY ARE APPROACHED IN A LEGAL  AND PROPER MANNER. KNOWING COMPANY POLICY AND CONSUMERS LEGAL RIGHTS IS THE KEY TO SUCCESSFULLY APPREHENDING SUSPECTS. THESE MATTERS CAN BE VERY COSTLY TO THE BUSINESS IF NOT EXECUTED PROPERLY , IN THE REGARDS COURT COST AND POTENTIAL LAW SUITS. TO AVOID SUCH SITUATIONS , PERSONNEL SHOULD BE PROPERLY INFORMED AND REINFORMED OF STORE PROCEDURE POLICIES OF APPREHENDING  OF SUSPECTS. THE BUDDY SYSTEM IS VERY EFFECTIVE IN MORE WAYS THAN ONE , TO HAVE A THIRD PARTY WITNESS FOR COURT PROCEDURES  SITUATIONS.
  • David T
    David T
    I have been trained as a Security Guard. This included loss preventions. There is a legal way to capture shoplifters. You must see them clearly doing the deed. Then confront them out of the store. There is a right way to do that. And companies have different principles to be carried out.This issue either interior or external is serious and should be addressed and made aware to management.The buddy system is very good. And all confrontations should be out of the range of no question to their purchasing the item or items.

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