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[dent81]

I was recently accused of shoplifting at a large retail chain store in
Canada.

I had been shopping at the same store a couple times before the incident. The second time I was in the store I was approached by security, asked some questions, and told that "you don't fit the profile of someone who shops here" (Young male shopping at a housewares store - I was moving into a new apartment!). On the third visit (I guess I shouldn't have gone back), I went to look for a specific item and on my way to the check-out I was followed by the manager. At the front of the store were two police officers and store security (apparently store security waved over the cops). After I paid for my items I was approached by the two officers, told that I was under suspicion of shoplifting, asked some questions, and then (shockingly) placed under arrest. I was frisked and my bags and pockets were searched. No stolen items were found (of course). As I waited at the front entrance hand-cuffed (where customers were entering and exiting the store) one of the officers went to check for any proof that I had stolen something. I was told by the other officer that two days prior a man was seen stealing two expensive items from the store. Two of the store employees had positively identified me as the thief (I was actually working on the day the theft took place). The police were unable to find any evidence that I was the culprit so I was released, but they still wrote a complaint on my record that I was a suspected shoplifter (apparently because the manager said she was 100% sure I was the thief)... The store manager banned me from the store, and then mall security banned from the entire mall (including the parking lot). They took a picture of me and told me to sign a form acknowledging I was banned.

I filed a complaint with the police department and they performed an investigation. They were able to retrieve the pictures and videos of the thieves stealing from the store (Why couldn't they provide that footage on the day I was arrested??). None of them look at all like me, but the manager still claims that it was me. I was able to prove to the police that I was working on the day the crimes took place. So my police record has been cleared, the officers who arrested me have been "punished", and they are sending me a letter of apology.

Now I would like to punish the store, especially the manager.

Do I have a case against this company for wrongfully accusing me of shoplifting and putting me through this humiliation? The fact that they had a chance to check their footage and see that I was innocent seems blatantly negligent to me. And even though they had no proof, they still chose to ban me from the store, the mall, and tell the police they were "100%" sure I was a thief. Is this defamation of character, slander, ??

This event has caused me some serious mental anguish and I've had to spend a lot of time trying to clear my name of the false accusations. Can companies just get away with this bullshit, or can they be held accountable?

Thanks for reading and your thoughts.. What would you do if you were in my position?

[curney13]

I was recently accused of shoplifting at a large retail chain store in
Canada.

I had been shopping at the same store a couple times before the incident. The second time I was in the store I was approached by security, asked some questions, and told that "you don't fit the profile of someone who shops here" (Young male shopping at a housewares store - I was moving into a new apartment!). On the third visit (I guess I shouldn't have gone back), I went to look for a specific item and on my way to the check-out I was followed by the manager. At the front of the store were two police officers and store security (apparently store security waved over the cops). After I paid for my items I was approached by the two officers, told that I was under suspicion of shoplifting, asked some questions, and then (shockingly) placed under arrest. I was frisked and my bags and pockets were searched. No stolen items were found (of course). As I waited at the front entrance hand-cuffed (where customers were entering and exiting the store) one of the officers went to check for any proof that I had stolen something. I was told by the other officer that two days prior a man was seen stealing two expensive items from the store. Two of the store employees had positively identified me as the thief (I was actually working on the day the theft took place). The police were unable to find any evidence that I was the culprit so I was released, but they still wrote a complaint on my record that I was a suspected shoplifter (apparently because the manager said she was 100% sure I was the thief)... The store manager banned me from the store, and then mall security banned from the entire mall (including the parking lot). They took a picture of me and told me to sign a form acknowledging I was banned.

I filed a complaint with the police department and they performed an investigation. They were able to retrieve the pictures and videos of the thieves stealing from the store (Why couldn't they provide that footage on the day I was arrested??). None of them look at all like me, but the manager still claims that it was me. I was able to prove to the police that I was working on the day the crimes took place. So my police record has been cleared, the officers who arrested me have been "punished", and they are sending me a letter of apology.

Now I would like to punish the store, especially the manager.

Do I have a case against this company for wrongfully accusing me of shoplifting and putting me through this humiliation? The fact that they had a chance to check their footage and see that I was innocent seems blatantly negligent to me. And even though they had no proof, they still chose to ban me from the store, the mall, and tell the police they were "100%" sure I was a thief. Is this defamation of character, slander, ??

This event has caused me some serious mental anguish and I've had to spend a lot of time trying to clear my name of the false accusations. Can companies just get away with this bullshit, or can they be held accountable?

Thanks for reading and your thoughts.. What would you do if you were in my position?

[beacher]

Assuming this is a chain store, forward a copy of everything to the head of the chain telling them that if they do not rectify this matter of wrongful arrest, defamation of character, legal bills, etc. that you intend on suing the store manager, the store, and the chain...and you will be asking for punitive damages. They should come back with an offer that will need to be reviewed by a lawyer before you sign anything. The lawyer will explain about all the little clauses that big companies put in there to protect themselves and screw you over. But if the chain offers nothing, then yes go ahead and sue.

I am sorry this has happened to you. Good luck and God bless.

[cruz50]

Sorry for what you have gone through. To clear one thing first is that since its a private store and a shopping mall, its private property so legally they can ban anyone they want because have a full right to control access onto their property. They need not give any reason to ban.

No to your situation, yes I would think you do have a case against the store. Although I'm not in Canada, I would think the laws are the same which means in order to make a good arrest, the stolen items should be found on the person. since they arrested you for an incidetn that occurred a couple days prior, its hard for them to prove you took the items. So they have to rely on memory and camera fottage alone. Since they were obviousl wrong and should have checked the cameras before arresting you, I guess you could file a claim in civil court for invasion or privacy, false arrest, and for mental anguish (or whatever the term is legaly.. pain and suffering?... not sure). They definately messed up. The store would have had a strogner case if there was a shoplfiting in progress and they simply got the wrong person but this is a old case. Bringing them to court will cost some money and your damagas are legitimate and it made you have contact with the police, the criminal justice system, and possibly a police record. This could have lingering effects on your future employments. I would sue if possible.

[beacher]

An action in libel or slander...well, theoretically possible, but you'd have to prove compensable damages in order to recover much, and there are myriad defences that could be relied upon. Not worth the legal fees, most likely.

If the first run-in with security actually involved them telling you they were suspicious because of 'profiling' on the basis of age and gender, however, then there might be an arguable basis to a human rights complaint/application.

[ashly]

The store's defense is going to be that they acted in good faith. What I would do is photocopy the apology from the cops and then send it with a letter demanding a similar apology from the store. I would state in the letter that you are acting on your own at this point, but if you are not satisfied your next letter will come from your attorney. Canadian courts aren't much into punative damages so you will never see a huge sum of money from this-but obviously an apology and an end to the ban are more than reasonable to ask for.

[hrafn]

why are you asking me? im not a lawyer!!! lol good luck, sucks you had to go through that