Probably, but given how big box retail chains screw their employees and offer no benefits, I'd side with her everyday of the week.
Seems the company thought so but neither you nor i can say that without knowing the state labor laws, company policies, rules of promotion, etc.... all those factors come into playGrounds to be fired, just not prosecuted.
In all probability they do. Companies do this quite often and they want to prevent any fraud.Do the rules of the promotion state that only the specific person who made the purchase is eligible
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So if I think you’re a bad person, it’s OK for me to rob you?Probably, but given how big box retail chains screw their employees and offer no benefits, I'd side with her everyday of the week.
Sure its possible she viilated a company policy but what she did was not stealing and i doubt it was fraud either
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What difference does that make?
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Makes a big difference, particularly if the employer has a policy that you can't purchase things while on the clock. Most large employers have that policy. Therefore, if you are on the clock, you can't possibly be a customer (at that particular point in time), which is what the law would look at. If the said transaction on the receipt said 12:57 and the employee was on the clock during that time, then they would be in violation of the policy which states that you can't be purchasing things while working. More than likely, this person violated more than one thing in their employee handbook.
In this case, either the employer does not have such a policy, or they don't enforce it. People don't purchase things often, but it does happen with no repercussions.
She isnt being accused of purchasing anything while on the clock nor is that what she did. She kept receits that customers declined taking and used them to get free gift cards. The ethical question was asked if that was stealing. Its not stealing anymore than collecting beer cans from the thrash to recycle for money.Makes a big difference, particularly if the employer has a policy that you can't purchase things while on the clock. Most large employers have that policy. Therefore, if you are on the clock, you can't possibly be a customer (at that particular point in time), which is what the law would look at. If the said transaction on the receipt said 12:57 and the employee was on the clock during that time, then they would be in violation of the policy which states that you can't be purchasing things while working. More than likely, this person violated more than one thing in their employee handbook.
It's stealing. It's a perk the company offers to PAYING customers.
She isnt being accused of purchasing anything while on the clock nor is that what she did. She kept receits that customers declined taking and used them to get free gift cards. The ethical question was asked if that was stealing. Its not stealing anymore than collecting beer cans from the thrash to recycle for money.
Whether or not she violated an employee policy is an entirely different question.
The only way i can see this being considered theft is if the promotion soecifically says you can only use your own receits to redeem a gift card.
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I think if she disclosed the rebate program to the customers and then asked for their receipt with their permission to use it for herself if they didn't want to use it and they gave it to her out of their free will, it wouldn't be an issue to me.
The problem is you can't stand over the cashier and make sure she discloses that to everyone so I would be with the company in not allowing it.
I think I would have reprimanded her first, and then fired her if she continued. She might not have felt it was stealing at all. So I would have made sure she understood company policy.
However, stealing is a strong term; how about these examples. Is this stealing?
You bid on a construction job.
You bought 25 lbs of nails, but only used 20 lbs.
15 gallons of paint but only used 13 gallons.
24 2X4's but only used 22.
Who do these left over materials belong to? Typically, the contractor will use these materials on another job, but they won't reduce the estimate for that future job. So part of the materials for the next job are essentially free to the contractor. But he won't reduce the estimate for the next job because of it. Is this stealing?
You run a body shop.
You repair a car, and use a small amount of finish putty squeezed from a tube, but charge for the whole tube. On the next repair, you also use a small amount but charge for the whole tube again. Repeat this until the tube is empty. Is this stealing?
Both of these examples are common practice.
If you charge for "tire disposal" even though the customer is keeping the old tires because they are still good stealing?
This list could go on and on.
Ethics: Is this stealing?
Scenario: My wife works for a large big box retailer. A long-time cashier, 10+/- years, at her store got fired earlier this week for stealing.
The chain has a rebate program where you can get a certain percentage of your purchase back to you in the form of a store gift card, good only at that chain. When a customer would check out she would ask if they wanted their receipt. If they said yes she'd give them their receipt. If they said no, she'd pocket the receipt and cash in the rebate and get the gift cards for herself. Then spend them in her store, which seems incredibly dumb, but I digress. Anyway, is that stealing? (In YOUR opinion, absent opinions or conclusions from others.)
The company feels it's stealing, as is their right. She does not feel it is because the customer was offered their receipt and chose of their own free will to decline. She sees it as no different than finding a dollar bill on the sidewalk.
What say you? Who's right?
1) Yes, this is stealing.
2) This is kind of a gray area.
3) No, this is not stealing.
4) Undecided/Other.
Side note: I believe she was just fired, and no charges were pressed. I don't know if this would be technically illegal, but the legal aspect is not part of the question anyway. Ethics is the question.
ETA: No, it was not my wife that was fired.