Kicked out for stealing!! HELP?

Question

I was shopping at walmart the other day for a few household and a few grocery items. One of those Items was eyeliner. My 3 year-old stuck the eyeliner in my purse at check out before I paid for it and I didn't see her do it and wasn't really thinking about it. The cashier (a grumpy old lady) did see her. Instead of saying, "mam your daughter put something in your purse" she didn't say a word but called the manager to stop me as I went out the door (since eyliner doesn't set off the alarm). He didn't ask If I wanted to pay he just said "Come with me miss"
He took me to the office and threatened to call the cops. I tried to explain to him that I didn't see my daughter put the item in my purse but he believed that I told her to do it as an excuse. I paid for the eyeliner because I did not intent to steal. but I got kicked out, never to go into walmart again.

Were they wrong for treating me this way over $3 eyeliner?
What can I do about it??

My daughter puts stuff in my purse all the time, usually its the straw from her cup, or a sticker she's tired of playing with, so its not the first time she has put something in there.

Answer 1

In most states, the law defines theft as -- an act with intent to permanently deprive the rightful owner of property. I would have urged the security guard to call the police -- and would have taken the case to trial, and argued the "intent." But, it may have well been a hard case - because even though you were unaware that your daughter put it in your purse -- you attempted to leave the store with the property, without having paid for it . . . which could be what the judge would look at.

Regardless . . . it's Wal-Mart. They own half of the legislature, and can do whatever they want to do -- my suggestion is just to go to a different walmart. . . what's the most they'll do -- ask you to leave?

Answer 2

Unfortunately they were not wrong because there is no way for them to tell the difference between you, who has a reasonable excuse, and a blatant liar, who can easily make excuses for improper actions. Unless they had a videotape of your daughter doing the deed, your story would be hard to fully corroborate.

I would see if I could find the name of the regional manager of Wal-Mart and write a polite letter explaining what happened. Ask this person to intervene. If you get nowhere, then you will be shopping at K-Mart for a while.

Answer 3

Unfortunately, they are within their legal limitations because we do live in a society where people use their children as pawns in their shoplifting schemes ie hiding things in a stroller. In this case, the good must suffer with the bad. If you really want something to happen then you could get a lawyer and try to make a high profile case about how the "big bad wolf"(walmart) mistreated a kind, friendly citizen. This could be time consuming so your best bet is just to let it go, though it was wrong, they did nothing illegal...unethical maybe but illegal no

Sorry

Answer 4

Not really a right and wrong deal. If he believed it was intentional, you were lucky he didn't call the cops. He was within his rights to do so. I have heard other stories about wal-mart banning people that stole from their store. They usually don't call the cops on the first offense...so really they are cutting you guys a break.

Answer 5

Wal-Mart is allowed to choose whomever they want to allow on their property, so there is not much you can do about it.

However, with regards to any criminal liability, in order to convict you of stealing they would have to prove that you INTENDED to steal the eyeliner. If someone saw your daughter drop the eyeliner in your purse or you can prove that you did not intend to steal it, you could not be convicted.

Answer 6

It's wal-marts policy. I would contact supervisors, heads, whatever...

or the press...