Re:Retailers are spending millions to combat organized theft...
by DavidPeiffer on Friday September 03, 2021 @06:18PM
(#28410042)
It's not necessarily that they can't legally do so, but it's against the policy of every single store. If you do so as an employee, you will most likely get fired. No amount of merchandise is worth risking an employees life. Healthcare is a mess over here, but we do generally have that part right.
Restraining a shoplifter could lead to liability issues for the employer. For example, if the shoplifter injures the employee, there's a workplace injury that goes on the OSHA record, you have an employee who is out for some amount of time, it could increase insurance rates, and it could lead to the employee getting shot if the shoplifter were particularly violent.
Additionally, if the shoplifter gets injured, they may sue the store for the injury they sustained.
Most of the US does allow a citizens arrest to be performed.
Re:Retailers are spending millions to combat organized theft...
by nkrisc on Friday September 03, 2021 @07:24PM
(#28410543)
There’s zero incentive for anyone to do so. Best case scenario they get a pat on the back. Worst case scenario they get killed or permanently injured/disabled. There’s no reason to put your life on the line for a corporation that will put nothing on the line for you.
Re:Retailers are spending millions to combat organized theft...
by SavantIdiot on Friday September 03, 2021 @07:05PM
(#28410432)
Who's gonna detain some meth head with knife for minimum wage and risk getting killed for poverty wages?
Re:Retailers are spending millions to combat organized theft...
by bpodgursky on Friday September 03, 2021 @07:12PM
(#28410480)
Honestly a lot of security guards would have fun subduing a guy like this (as heroically as possible), and that's why the stores have policies against it.
Re:Retailers are spending millions to combat organized theft...
by bpodgursky on Friday September 03, 2021 @06:12PM
(#28410003)
They're allowed in a legal sense, but the store often orders security not to physically intervene because of the potential legal liability if either party is injured.
Re:Retailers are spending millions to combat organized theft...
by oh_sigh on Friday September 03, 2021 @11:49PM
(#28411913)
In the US, we generally have "Shopkeeper's privilege", which lets shopkeepers detain a person reasonably suspected of shoplifting while an investigation happens. Usually that involves just calling the police, or taking their picture and telling them they're banned for life, and then letting them go.
Re:Retailers are spending millions to combat organized theft...
by josephcsible on Friday September 03, 2021 @11:52PM
(#28411928)
I think GP knows shopkeeper's privilege exists and is asking why stores often don't let their employees use it.
Re:Retailers are spending millions to combat organized theft...
by oh_sigh on Saturday September 04, 2021 @02:24AM
(#28412596)
I think they know it exists in their legal tradition in Germany, but not necessarily that there was an analog in the US.
Re:Retailers are spending millions to combat organized theft...
by carstenhag on Sunday September 05, 2021 @03:51PM
(#28427200)
Exactly, I didn't know it's also legal in the US. Even more so confuses me - why hire security at all, if they aren't doing their job?
In Germany, you'd fire the security if they wouldn't go after thieves. Also, there are no liability problems... But then, people with guns or knifes are very rare.
https://de.wikipedia.org/wiki/Festnahme#Jedermann-Festnahme