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Wallet stolen at Gap Outlet


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#1 Umm2Two

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Posted 28 December 2007 - 01:08 AM

Yesterday I went to Gap outlet at a local mall, as they were having a great sale...30-40% off lowest prices. Bought DD a huge bagful of clothes and walked up to the register. Asked cashier to ring each item and tell me the final price so I could decided whether to purchase or not. Cashier said don't worry she would give me some type of "discount". Original final price around $70 something, but after cashier added in additional 15% OFF EACH item, bill fell to $38, and after I gave old reciept to do price adjustment for anything that went on sale since Xmas Eve, $5 more knocked off. No complaints from me...I said thanks. Came time to pay took out wallet and paid. Seemingly, walked away from register and wallet fell out of pocket. Kind customer behind me gives to cashier, who sticks it on the side of the register and does not log or tell manager my wallet fell. Came back 10 minutes later frantic, couldn't find wallet after ordering food in food court. Cashier looks me in the eye and says she never saw it, her manager offers to check cameras, but I assumed I had dropped it and lost it...so decline offer. Two hours later, return to store and request manager check camera (friendly cashier gone by this time). After nearly 40 minutes of looking at video, two managers return to tell me friendly cashier pocketed my wallet and left. Apologized and promised to conduct internal investigation. My question now is what do I do, I am out of a wallet, license, checks, 3 debit cards, and health ins cards which have SSN listed. This is a huge blow to my credit repair process and I'm really stressed out..hence being on here at 1 am typing my story. I have already cancelled all debit cards and put a hold on checking and savings accounts..last time I was in BOA teller insisted on writing all my account numbers on a card, which I STUPIDLY stored in my wallet. Also, should I say/do anything which is concerned with Gap?? Any and all suggestions/comments great...TIA!



#2 Credit Matters

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Posted 28 December 2007 - 01:13 AM

Yesterday I went to Gap outlet at a local mall, as they were having a great sale...30-40% off lowest prices. Bought DD a huge bagful of clothes and walked up to the register. Asked cashier to ring each item and tell me the final price so I could decided whether to purchase or not. Cashier said don't worry she would give me some type of "discount". Original final price around $70 something, but after cashier added in additional 15% OFF EACH item, bill fell to $38, and after I gave old reciept to do price adjustment for anything that went on sale since Xmas Eve, $5 more knocked off. No complaints from me...I said thanks. Came time to pay took out wallet and paid. Seemingly, walked away from register and wallet fell out of pocket. Kind customer behind me gives to cashier, who sticks it on the side of the register and does not log or tell manager my wallet fell. Came back 10 minutes later frantic, couldn't find wallet after ordering food in food court. Cashier looks me in the eye and says she never saw it, her manager offers to check cameras, but I assumed I had dropped it and lost it...so decline offer. Two hours later, return to store and request manager check camera (friendly cashier gone by this time). After nearly 40 minutes of looking at video, two managers return to tell me friendly cashier pocketed my wallet and left. Apologized and promised to conduct internal investigation. My question now is what do I do, I am out of a wallet, license, checks, 3 debit cards, and health ins cards which have SSN listed. This is a huge blow to my credit repair process and I'm really stressed out..hence being on here at 1 am typing my story. I have already cancelled all debit cards and put a hold on checking and savings accounts..last time I was in BOA teller insisted on writing all my account numbers on a card, which I STUPIDLY stored in my wallet. Also, should I say/do anything which is concerned with Gap?? Any and all suggestions/comments great...TIA!


Clearly the Gap employee stole your wallet. They have that on tape. It's just a matter of whether employee tosses the wallet before coming back to work. Employee, at this point, has no idea that her employer knows about wallet.

I imagine that the police will get involved with this situation. In fact, call the police. Let them know that the Gap employee is the thief. Gap has it on tape.

Edited by marcustx, 28 December 2007 - 01:16 AM.


#3 KYBOSH

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Posted 28 December 2007 - 01:14 AM

Damn!
Sorry my friend.
You cant do anything other than what you would first do when you lose you wallet.
Call all the card companies and cancel them.
You may also what to put a fraud alert on your reports.
Since you know who has it call the police ASAP.
Dont leave it to the GAP management team to make it all better.

Good Luck...

#4 reppinpoly09

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Posted 28 December 2007 - 01:16 AM

I'm sorry that I cannot be more helpful but I just wanted to say that I am sorry that this happened to you. I hope that crook gets what he/she deserves.

#5 Credit Matters

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Posted 28 December 2007 - 01:17 AM

I'm sorry that I cannot be more helpful but I just wanted to say that I am sorry that this happened to you. I hope that crook gets what he/she deserves.


She.

#6 reppinpoly09

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Posted 28 December 2007 - 01:19 AM

I'm sorry that I cannot be more helpful but I just wanted to say that I am sorry that this happened to you. I hope that crook gets what he/she deserves.


She.


LOL I see now...thanks.

#7 Jazzy Bmw

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Posted 28 December 2007 - 01:19 AM

WOW, this is horrible. Since she is an employee and they have records on her I am sure that you will get everything back. You did the right thing by canceling all cards. It has to be a scary feeling having someone violate you basically in your face. I feel as though the Gap does have alot of responsibility here. I would also get the employee name and other pertinent information from the manager and file a police report. I think the "friendly" cashier should be arrested for theft. In essence she did still your wallet, it was right there and she outright denied it every being there. I hope everything works out please keep us posted. Have you thought of freezing your reports now!!
Jazzy~

#8 deni5251

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Posted 28 December 2007 - 01:24 AM

Nice of the managers to offer to conduct their investigation, but I would head to the nearest police station & fill out a report ASAP, & I would be sure to include the info about the security tape & what's on it. I would also notify the issuer of every card to head off any trouble there. Then I would notify the CRAs & get a FA put on immediately.

Good luck!

#9 Umm2Two

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Posted 28 December 2007 - 01:26 AM

Thanks everyone for your replies and understanding. I just called the police, who were like your calling now??? But I explained I did not have the employees name because Gap did not release it to me, but I was told I need to get in contact with Gap and get her name, then come in and file a police report. I just don't understand why she decided to keep the wallet, knowing that they are able to check the cameras and see what she did. I guess some people are just stupid.

#10 Credit Matters

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Posted 28 December 2007 - 01:27 AM

WOW, this is horrible. Since she is an employee and they have records on her I am sure that you will get everything back. You did the right thing by canceling all cards. It has to be a scary feeling having someone violate you basically in your face. I feel as though the Gap does have alot of responsibility here. I would also get the employee name and other pertinent information from the manager and file a police report. I think the "friendly" cashier should be arrested for theft. In essence she did still your wallet, it was right there and she outright denied it every being there. I hope everything works out please keep us posted. Have you thought of freezing your reports now!!
Jazzy~


OP will have two possible causes of action here. One, that the employer liable under respondeat superior -- which means that the employer is responsible for the actions of its employees. Did the theft occur within the scope of the employee's work duties?

Separately, the employer could be on the hook because of its potential negligence in hiring this person. Did Gap do an adequate background check on the employee? Did the employee have a propensity for stealing during her past jobs? In other words, were the actions of the employee foreseeable?

Gap knows the legality of this situation. Gap will be working quickly to deal with this situation.

Edited by marcustx, 28 December 2007 - 01:38 AM.


#11 deni5251

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Posted 28 December 2007 - 01:38 AM

Personally, I wouldn't leave it up to the store to handle it. That's a lot of info for a dishonest person to have.

#12 hoapres

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Posted 28 December 2007 - 01:38 AM

Yesterday I went to Gap outlet at a local mall, as they were having a great sale...30-40% off lowest prices. Bought DD a huge bagful of clothes and walked up to the register. Asked cashier to ring each item and tell me the final price so I could decided whether to purchase or not. Cashier said don't worry she would give me some type of "discount". Original final price around $70 something, but after cashier added in additional 15% OFF EACH item, bill fell to $38, and after I gave old reciept to do price adjustment for anything that went on sale since Xmas Eve, $5 more knocked off. No complaints from me...I said thanks. Came time to pay took out wallet and paid. Seemingly, walked away from register and wallet fell out of pocket. Kind customer behind me gives to cashier, who sticks it on the side of the register and does not log or tell manager my wallet fell. Came back 10 minutes later frantic, couldn't find wallet after ordering food in food court. Cashier looks me in the eye and says she never saw it, her manager offers to check cameras, but I assumed I had dropped it and lost it...so decline offer. Two hours later, return to store and request manager check camera (friendly cashier gone by this time). After nearly 40 minutes of looking at video, two managers return to tell me friendly cashier pocketed my wallet and left. Apologized and promised to conduct internal investigation. My question now is what do I do, I am out of a wallet, license, checks, 3 debit cards, and health ins cards which have SSN listed. This is a huge blow to my credit repair process and I'm really stressed out..hence being on here at 1 am typing my story. I have already cancelled all debit cards and put a hold on checking and savings accounts..last time I was in BOA teller insisted on writing all my account numbers on a card, which I STUPIDLY stored in my wallet. Also, should I say/do anything which is concerned with Gap?? Any and all suggestions/comments great...TIA!


Clearly the Gap employee stole your wallet. Certainly that would seem to be the case. Probably enough evidence exist to meet the criminal burden of proof. They have that on tape. And contacting the police would be a VERY GOOD idea and I suspect that Gap managment will assist you. It's just a matter of whether employee tosses the wallet before coming back to work. Ironically, the best thing would be for the thief to continue to hang herself i.e. attempt to use the credit card. Employee, at this point, has no idea that her employer knows about wallet. With high probability that would be the case.

I imagine that the police will get involved with this situation. In fact, call the police. Let them know that the Gap employee is the thief. Gap has it on tape. (Standard modus operandi in California which may NOT be the case for other states) is for the thief to be ARRESTED (actual prosecution and conviction is not often the case). However, the culprit is going to have a difficult time in getting another retail job assuming that the next employer finds about the arrest record. (More for Marcustx's benefit assuming he goes in the criminal law venue, if you are arrested and can show that the client is innocent then you DEFINITELY want to have the arrest record expunged pursuant to California Penal Code Section 851.8)



#13 omitraffic

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Posted 28 December 2007 - 01:39 AM

Call THE POLICE ASAP! DOnt let the store do criminal acts like destroying evidence, call the police, tell them the gap has it on video. Give them the managers name and find out the employees name. Press charges ASAP

#14 hoapres

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Posted 28 December 2007 - 01:48 AM

WOW, this is horrible. Since she is an employee and they have records on her I am sure that you will get everything back. You did the right thing by canceling all cards. It has to be a scary feeling having someone violate you basically in your face. I feel as though the Gap does have alot of responsibility here. I would also get the employee name and other pertinent information from the manager and file a police report. I think the "friendly" cashier should be arrested for theft. In essence she did still your wallet, it was right there and she outright denied it every being there. I hope everything works out please keep us posted. Have you thought of freezing your reports now!!
Jazzy~


OP will have two possible causes of action here. One, that the employer liable under respondeat superior -- which means that the employer is responsible for the actions of its employees. O.K. Playing devil's advocate assuming that I was Gap's lawyer. Plaintiff (being the customer) should have taken more care of her wallet and had a responsibility to mitigate damages. (At most, I suspect GAP is responsible (and I am not clear that is the case) for the amount of money in the wallet. Did the theft occur within the scope of the employee's work duties?If I leave the wallet on the counter EVEN at the direction of the employee then did I BREACH my duty (assuming that it exists) of care. Just because an employee says "Give me your wallet" means that it is reasonable to do so. Certainly, I would be (playing devil's advocate) that YOU as the customer should have immediately asked for the wallet back.


Separately, the employer could be on the hook because of its potential negligence in hiring this person. Did Gap do an adequate background check on the employee? Did the employee have a propensity for stealing during her past jobs? In other words, were the actions of the employee foreseeable? If GAP (which it probably did) took reasonable and prudent measures which probably would mean doing a basic criminal (and perhaps credit) check then I would be arguing (again playing devils advocate) then GAP did perform a reasonable due diligence in checking out the employee.


Gap knows the legality of this situation. Gap will be working quickly to deal with this situation. Agree with you on this point. Gap (nor any other merchant) DOES NOT want a dishonest employee on the payroll.



#15 hoapres

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Posted 28 December 2007 - 01:53 AM

Call THE POLICE ASAP! I agree but Gap may have already done so. DOnt let the store do criminal acts like destroying evidence, call the police, tell them the gap has it on video. Give them the managers name and find out the employees name. Press charges ASAP I don't think GAP will be destroying evidence. Modern surveillance cameras produce date and time stamped output. Nobody wants the spectre of an 18 minute gap so to speak.



#16 Credit Matters

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Posted 28 December 2007 - 02:04 AM

O.K. Playing devil's advocate assuming that I was Gap's lawyer. Plaintiff (being the customer) should have taken more care of her wallet and had a responsibility to mitigate damages. (At most, I suspect GAP is responsible (and I am not clear that is the case) for the amount of money in the wallet. If I leave the wallet on the counter EVEN at the direction of the employee then did I BREACH my duty (assuming that it exists) of care. Just because an employee says "Give me your wallet" means that it is reasonable to do so. Certainly, I would be (playing devil's advocate) that YOU as the customer should have immediately asked for the wallet back.


If GAP (which it probably did) took reasonable and prudent measures which probably would mean doing a basic criminal (and perhaps credit) check then I would be arguing (again playing devils advocate) then GAP did perform a reasonable due diligence in checking out the employee.


In order to prove vicarious liability, the plaintiff must prove three elements. (1) There must be an employer/employee relationship between the alleged wrongdoer (cashier) and Gap, (2) that the employee committed a wrongful act, and (3) that the wrongful act occurred within the scope of her employment. All three elements must be shown. Element one is easy. The cashier and Gap definitely have an employee/employer relationship. Element two would be easy if, in fact, the employee stole the wallet. Element three is always most difficult -- because employers often say that the employee was working outside the scope of her employment when the theft occurred.

As for the plaintiff's potential contributory negligence, it will be difficult to prove here. Indeed, plaintiff lost the wallet. Plaintiff, once she figured out that it was missing, immediately returned to the possible location of the loss. Additionally, in this particular case the employee actually had the wallet. There is a video tape showing that employee had wallet. Thus, our plaintiff did everything she could to retrieve the item.

As to whether Gap performed an adequate background check, we simply don't know what it did. We don't know the facts.

Edited by marcustx, 28 December 2007 - 02:05 AM.


#17 hoapres

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Posted 28 December 2007 - 02:17 AM

O.K. Playing devil's advocate assuming that I was Gap's lawyer. Plaintiff (being the customer) should have taken more care of her wallet and had a responsibility to mitigate damages. (At most, I suspect GAP is responsible (and I am not clear that is the case) for the amount of money in the wallet. If I leave the wallet on the counter EVEN at the direction of the employee then did I BREACH my duty (assuming that it exists) of care. Just because an employee says "Give me your wallet" means that it is reasonable to do so. Certainly, I would be (playing devil's advocate) that YOU as the customer should have immediately asked for the wallet back.


If GAP (which it probably did) took reasonable and prudent measures which probably would mean doing a basic criminal (and perhaps credit) check then I would be arguing (again playing devils advocate) then GAP did perform a reasonable due diligence in checking out the employee.


In order to prove vicarious liability, the plaintiff must prove three elements. (1) There must be an employer/employee relationship between the alleged wrongdoer (cashier) and Gap, (2) that the employee committed a wrongful act, and (3) that the wrongful act occurred within the scope of her employment. All three elements must be shown. Element one is easy. The cashier and Gap definitely have an employee/employer relationship. Element two would be easy if, in fact, the employee stole the wallet. Element three is always most difficult -- because employers often say that the employee was working outside the scope of her employment when the theft occurred.



And the IMPORTANT thing as you point out is that ALL 3 elements need to be shown.




As for the plaintiff's potential contributory negligence, it will be difficult to prove here. Indeed, plaintiff lost the wallet. Plaintiff, once she figured out that it was missing, immediately returned to the possible location of the loss. Additionally, in this particular case the employee actually had the wallet. There is a video tape showing that employee had wallet. Thus, our plaintiff did everything she could to retrieve the item.


Of course, the basic argument would be that Plaintiff should have never had the wallet missing in the first place.


As to whether Gap performed an adequate background check, we simply don't know what it did. We don't know the facts.



Definitely an (perhaps TOTALLY unwarranted) extrapolation but (at least from my limited knowledge of retail hiring) the prospective employer will order (to which you consent to) a standard background check (which likely includes drug testing along with pulling your CR). The background check will also consist of a criminal background check along with visiting the local county court to check your arrest and conviction records. If an arrest record is found which is related to retail i.e. theft then even if no conviction follows from your arrest then you are most likely NOT going to get hired. (The suggestion that you expunge arrest records was not meant to be a mere theoretical exercise) Under OP's circumstances, you won't be able to meet the factual innocence requirement of California Penal Code Section 851.8 to expunge the arrest record. If a criminal conviction is found even if it is unrelated to the nature of your employment then you still may not get hired.





#18 justmeinsd

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Posted 28 December 2007 - 02:24 AM

I don't suppose you kept the receipt in your purchase bag, did you? You might find the cashier's name on the receipt itself. If you put it in your purse, this won't help, of course.

Good luck.

Just Me

#19 Credit Matters

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Posted 28 December 2007 - 02:28 AM

O.K. Playing devil's advocate assuming that I was Gap's lawyer. Plaintiff (being the customer) should have taken more care of her wallet and had a responsibility to mitigate damages. (At most, I suspect GAP is responsible (and I am not clear that is the case) for the amount of money in the wallet. If I leave the wallet on the counter EVEN at the direction of the employee then did I BREACH my duty (assuming that it exists) of care. Just because an employee says "Give me your wallet" means that it is reasonable to do so. Certainly, I would be (playing devil's advocate) that YOU as the customer should have immediately asked for the wallet back.


If GAP (which it probably did) took reasonable and prudent measures which probably would mean doing a basic criminal (and perhaps credit) check then I would be arguing (again playing devils advocate) then GAP did perform a reasonable due diligence in checking out the employee.


In order to prove vicarious liability, the plaintiff must prove three elements. (1) There must be an employer/employee relationship between the alleged wrongdoer (cashier) and Gap, (2) that the employee committed a wrongful act, and (3) that the wrongful act occurred within the scope of her employment. All three elements must be shown. Element one is easy. The cashier and Gap definitely have an employee/employer relationship. Element two would be easy if, in fact, the employee stole the wallet. Element three is always most difficult -- because employers often say that the employee was working outside the scope of her employment when the theft occurred.



And the IMPORTANT thing as you point out is that ALL 3 elements need to be shown.




As for the plaintiff's potential contributory negligence, it will be difficult to prove here. Indeed, plaintiff lost the wallet. Plaintiff, once she figured out that it was missing, immediately returned to the possible location of the loss. Additionally, in this particular case the employee actually had the wallet. There is a video tape showing that employee had wallet. Thus, our plaintiff did everything she could to retrieve the item.


Of course, the basic argument would be that Plaintiff should have never had the wallet missing in the first place.


As to whether Gap performed an adequate background check, we simply don't know what it did. We don't know the facts.



Definitely an (perhaps TOTALLY unwarranted) extrapolation but (at least from my limited knowledge of retail hiring) the prospective employer will order (to which you consent to) a standard background check (which likely includes drug testing along with pulling your CR). The background check will also consist of a criminal background check along with visiting the local county court to check your arrest and conviction records. If an arrest record is found which is related to retail i.e. theft then even if no conviction follows from your arrest then you are most likely NOT going to get hired. (The suggestion that you expunge arrest records was not meant to be a mere theoretical exercise) Under OP's circumstances, you won't be able to meet the factual innocence requirement of California Penal Code Section 851.8 to expunge the arrest record. If a criminal conviction is found even if it is unrelated to the nature of your employment then you still may not get hired.




My wife used to work at Gap. They did not perform a criminal background check. Gap did NOT do a drug test. Gap did pull her credit report. She hasn't worked there for some time. Gap could have changed its policy.

As to the loss of the wallet, the court isn't going to blame the victim (sorry, victim, you shouldn't have lost your wallet; you get what you deserve). In fact, our plaintiff returned to the store within ten minutes. Very reasonable. Thank goodness we're not held to a high standard when it comes to dropping our wallets at cash registers. It happens. And it's definitely something that is foreseeable. Just like leaving a credit card at the cash register. It simply happens enough that Gap has a procedure in place when people lose or leave their wallet.

Edited by marcustx, 28 December 2007 - 02:42 AM.


#20 Umm2Two

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Posted 28 December 2007 - 02:33 AM

I actually have the reciept, took it in my hand as I walked out the store-but I believe after quickly scanning over it, I only saw a associate number, no name. I could be wrong, but I'll check it out in the morning, the bags are still in the car. Thanks everyone for your help...I don't know if I can hold Gap liable for anything, as I had literally 6 pennies in my wallet, I usually keep all my money in debit card form...which in this instance proved to be great...I guess. I did have my SSN on my insurance card, as well as my license and several photo id cards (uni id, bj id, costco id) - I'm just hoping she doesn't try to do anything. Thanks again all!!

Edited to add-Gap def. does have a procedure in, and the cashier blantantly did not follow any of the necessary procedures.

Edited by Alenaya05, 28 December 2007 - 02:36 AM.


#21 SteveD

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Posted 28 December 2007 - 02:36 AM

Have you called to speak with the District Manager of the store yet?

I would push to speak with the DM and then with the Regional Manager.

GAP should also have a loss prevention department that could also help you with the prosecution of this individual.

#22 Credit Matters

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Posted 28 December 2007 - 02:37 AM

I actually have the reciept, took it in my hand as I walked out the store-but I believe after quickly scanning over it, I only saw a associate number, no name. I could be wrong, but I'll check it out in the morning, the bags are still in the car. Thanks everyone for your help...I don't know if I can hold Gap liable for anything, as I had literally 6 pennies in my wallet, I usually keep all my money in debit card form...which in this instance proved to be great...I guess. I did have my SSN on my insurance card, as well as my license and several photo id cards (uni id, bj id, costco id) - I'm just hoping she doesn't try to do anything. Thanks again all!!


We'll see what kind of damages accrue as time goes on. We'll see if that employee is able to inflict harm on you in the near future.

Hopefully things work out well. The employer knows who stole the wallet. The employer knows how to reach employee.

I wouldn't be surprised if this is resolved favorably.

#23 hoapres

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Posted 28 December 2007 - 03:26 AM

O.K. Playing devil's advocate assuming that I was Gap's lawyer. Plaintiff (being the customer) should have taken more care of her wallet and had a responsibility to mitigate damages. (At most, I suspect GAP is responsible (and I am not clear that is the case) for the amount of money in the wallet. If I leave the wallet on the counter EVEN at the direction of the employee then did I BREACH my duty (assuming that it exists) of care. Just because an employee says "Give me your wallet" means that it is reasonable to do so. Certainly, I would be (playing devil's advocate) that YOU as the customer should have immediately asked for the wallet back.


If GAP (which it probably did) took reasonable and prudent measures which probably would mean doing a basic criminal (and perhaps credit) check then I would be arguing (again playing devils advocate) then GAP did perform a reasonable due diligence in checking out the employee.


In order to prove vicarious liability, the plaintiff must prove three elements. (1) There must be an employer/employee relationship between the alleged wrongdoer (cashier) and Gap, (2) that the employee committed a wrongful act, and (3) that the wrongful act occurred within the scope of her employment. All three elements must be shown. Element one is easy. The cashier and Gap definitely have an employee/employer relationship. Element two would be easy if, in fact, the employee stole the wallet. Element three is always most difficult -- because employers often say that the employee was working outside the scope of her employment when the theft occurred.



And the IMPORTANT thing as you point out is that ALL 3 elements need to be shown.




As for the plaintiff's potential contributory negligence, it will be difficult to prove here. Indeed, plaintiff lost the wallet. Plaintiff, once she figured out that it was missing, immediately returned to the possible location of the loss. Additionally, in this particular case the employee actually had the wallet. There is a video tape showing that employee had wallet. Thus, our plaintiff did everything she could to retrieve the item.


Of course, the basic argument would be that Plaintiff should have never had the wallet missing in the first place.


As to whether Gap performed an adequate background check, we simply don't know what it did. We don't know the facts.



Definitely an (perhaps TOTALLY unwarranted) extrapolation but (at least from my limited knowledge of retail hiring) the prospective employer will order (to which you consent to) a standard background check (which likely includes drug testing along with pulling your CR). The background check will also consist of a criminal background check along with visiting the local county court to check your arrest and conviction records. If an arrest record is found which is related to retail i.e. theft then even if no conviction follows from your arrest then you are most likely NOT going to get hired. (The suggestion that you expunge arrest records was not meant to be a mere theoretical exercise) Under OP's circumstances, you won't be able to meet the factual innocence requirement of California Penal Code Section 851.8 to expunge the arrest record. If a criminal conviction is found even if it is unrelated to the nature of your employment then you still may not get hired.




My wife used to work at Gap. They did not perform a criminal background check. Gap did NOT do a drug test. Gap did pull her credit report. She hasn't worked there for some time. Gap could have changed its policy. Wouldn't know. All I can say is what I know to be the standard in my jurisdiction.

As to the loss of the wallet, the court isn't going to blame the victim (sorry, victim, you shouldn't have lost your wallet; you get what you deserve). In fact, our plaintiff returned to the store within ten minutes. Very reasonable. Thank goodness we're not held to a high standard when it comes to dropping our wallets at cash registers. It happens. Maybe I read the OP wrong but I believe that the clerk asked her for the wallet. If so then that would NOT be the same thing. i.e. Plaintiff knew of the location of the wallet. However, I could be wrong and definitely would like to avoid going off topie. And it's definitely something that is foreseeable. Just like leaving a credit card at the cash register. It simply happens enough that Gap has a procedure in place when people lose or leave their wallet. I am not sure that Gap has a duty of care for someone that loses their wallet. But again, I am not sure that the wallet was lost. No doubt the wallet was stolen by a Gap employee but it does not follow that Gap itself is responsible.



#24 hoapres

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Posted 28 December 2007 - 03:29 AM

I actually have the reciept, took it in my hand as I walked out the store-but I believe after quickly scanning over it, I only saw a associate number, no name. I could be wrong, but I'll check it out in the morning, the bags are still in the car. Thanks everyone for your help...I don't know if I can hold Gap liable for anything, as I had literally 6 pennies in my wallet, I usually keep all my money in debit card form...which in this instance proved to be great...I guess. I did have my SSN on my insurance card, as well as my license and several photo id cards (uni id, bj id, costco id) - I'm just hoping she doesn't try to do anything. Thanks again all!!


We'll see what kind of damages accrue as time goes on. We'll see if that employee is able to inflict harm on you in the near future. The financial damages should be minimal. More of a BIG nuisance in getting all the credit and debit cards canceled and reissued.

Hopefully things work out well. The employer knows who stole the wallet. The employer knows how to reach employee. And so does the police I suspect. (With respect to finding the employee)

I wouldn't be surprised if this is resolved favorably. I am pretty sure that it will get resolved pretty QUICK.



#25 InsultComicDog

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Posted 28 December 2007 - 03:46 AM

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