Legally, if someone FINDS money on the floor, in a store, is it considered "theft"?

Question

My sister worked in a convenience store. Last night she found some money lying on the floor @ her place of work. She picked it up as most people would have. When she came home, she had a male friend over. This morning she couldn't find the money. She believes the man who came over stole it from her. When she went to work today, she was fired & her boss told her that she was calling the law for "theft". Apparently the one who lost the money, came in the store asking about it. They said they looked @ the survellence tape & saw her pick it up. She cant find the money to return it. Her now ex-boss is scaring her to death telling her that she's going to be going to jail. She said the cops would be by, but that was about 5 hours ago & no cops have came. I don't believe finding money on the floor could be considered stealing. I think she's just trying to scare her. We live in TN. Anyone who is familiar with the law, please give us some insight on this. Thank you.(only serious answers please)

Another question, her ex-boss is threatening to take her next check to pay the guy back for the money he droped on the floor. I dont believe they can legally do that, because she didn't know who dropped it, it was just money on the floor. She can't keep her check, can she? If she attempts to, can legal action be taken toward the store?

Answer 1

technically and lawfully she is supposed to report the money to her work or the police and hope for the people to claim it, after 30 days she will be granted the money. It is not theft, its just immoral to keep the money. Her boyfriend should be charged with theft.

Answer 2

I don't think it is stealing and true most everyone would pick it up - some people would keep it, some would turn it in. Cash really could be anyone's but as in this case, security cameras found the true owner. Most people who found a wallet or purse on the floor (even without any ID) wouldn't keep it.

I don't think she will be prosecuted as long as she comes up with the money to replace what is now lost, but I do not know the law. She took it, it was proven to belong to someone else. Doesn't matter if someone then stole it from her, she is responsible to return the amount that she found. A $20 or a wad of cash? Makes you think though.

The problem I see though is that she was at work. She is suppose to represent the company and basically she "took" a customers money. It just doesn't look good. I think as an employee her duty was to turn it in. How would she have felt if she was the one who spoke to the person about the lost money? They tell her that they lost the same amount of money on the same day that she found it. I think she'd feel pretty crappy.

I also don't think she should be fired over the incident, but she should be put on notice if anything else should happen. She needs to talk to the boss when she gives the money back because she doesn't feel she was stealing, more like finders/keepers....and she has learned her lesson. Even if she doesn't stay at this job, how does it look to prospective employers if they call for a reference and they say she was fired for stealing.

Answer 3

As I recall from property class, a finder's title is good against anyone but the true owner. As such, she had as much right to keep the money as anyone else who found it. However, the convenience store may have some policy regarding found items. I'm guessing that policy says she has to turn it in. She didn't and that's likely why she got canned. Now, some state law says you have to try and find the owner of lost property, some say it's your's and some say you can't lie about or conceal the fact that you found it, but you don't have to actively seek out the owner. In any case, the simplest solution is for your sister to return the loot.

As far as cops showing up, the true owner would have to swaer out a complaint with the police. Sis's boss has no standing to do so. Also, since Sis didn't steal the convenience store's money, Boss has no right to garnish her check. If Boss does so, I would have Sis call his/her boss and let them have the facts. Most likely she won't be able to get her job back (if she wants it at all), but if she returns the money to the rightful owner, he would probably be nice about it and ask the DA to drop any charges, or not file them at all.

Answer 4

This is a bunch of crap. She should sue them for firing her first of all because it's pretty much finders keepers. Unless she saw him drop the money and was very sneaky about taking it she did NOTHING wrong and can't get in trouble. If she wanted to return the money after she found out who lost it that would be the right thing to do but definitly not something she would be required by law to do (unless there is some stupid law I am unaware of). But like I said she should take legal action against the store for firing her if your version of the story is really how it went.

It seems to me that they would have just asked her about the money when she came in and asked that she return it out of the kindness of her heart but if they fired her right away I am thinking there is more to the story than she is telling you???

Answer 5

It is theft. Pure and simple. No arguments. That is the law. If you find something you are legally obliged to turn it in or to locate the owner, not to do so is theft. Ignorance of the law is no excuse but it can be argued in mitigation of sentence. If your sister explains the circumstances and returns the money chances are the Police will let the matter drop.

Answer 6

I don't know what state you're in but I will offer you the following brief statutory law reference (Calif) that was enacted to deal with found property situations.

I won't try to apply it detail by detail to your story scenario, since anything I say may be open to dispute or argument, but I think you'll get the gist of the idea by reading it. And then after reading it, try to look at the matter as objectively as possible as to why this law exists and the original intent of the law. It's hard though at this point to be completely objective, because so much has happened and there's alot of emotion already heightened over the matter and to someone you care about.

Reference:

485. One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.

Answer 7

If she just found loose money on the floor, then no, I don't believe she can go to jail. If it was in a wallet, and because of the fact that she worked there, then she should have kept it safe in case the owner returned. As for her getting fired, I don't know what she can do about that.

Answer 8

relies upon on the quantity of the money, i think of. If it is a random wadded-up one dollar bill that of course fell out of somebody's pocket, and there isn't any one else interior the aisle, advantageous, save it. If somebody else is interior sight, ask out loud, "absolutely everyone lost this?" they are going to go searching and recognize the moeny no count if it is theirs, yet while it is not they probable won't attempt to dispute your declare. If it is a twenty or greater, tell the save supervisor which you got here upon some lost money, and which you will return it if the owner comes forth to seek for it on the lost and located. supply the administrative your telephone variety so they are able to call you. often of thumb, you ought to make some attempt to discover the owner, and purely the genuine proprietor will make any attempt to retrace and discover their money. So in case you do no longer meet interior the midsection, the money is yours. for extremely great quantities, interior the 1000's, touch the police. they have a undeniable technique wherein they are going to hold the money for a undeniable volume of time and then return it to you no count if it is unclaimed.

Answer 9

Impossible. As long as the money was not in Billfold, Purse etc, or any source of containment that identify the money to an individual. Therefore it is not considered theft despite of the location the money was found. If the authorities happen to pursue into legal action, its called circumstantial evidence therefore its not enough to prosecute.

Answer 10

In a store you can find so many things lying on the floor, money may be one of the things If everything that falls on the floor becomes any body's property will your sister become the finders property once she falls on the floor?