If an employee used a loophole in the shop to earn extra money, can I sue her larceny?

UPDATED: Sep 30, 2022

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If an employee used a loophole in the shop to earn extra money, can I sue her larceny?

I want to sue an employee. She worked in the gas station. Once there was a sales promotion. The original price for a packet of cigarettes is $5. If 1 person buys 2 packages at once, they will get a $2 discount and only pay $8 in total. Yet, when the first person came to buy a pack of cigarettes, she asked for $5 but didn’t print the receipt. When another person came to buy a pack of cigarettes, she asked for another $5 and typed the promotion code in the cash register and recorded as a buy 2 get $2 discount. In this way, she could only put $8 into the cash register and put another $2 into her own pocket.

Asked on December 6, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

That is not a loophole: it is a criminal act, because the plain meaning of the promotion is it only applies to buying 2 packs at once; plus any savings (if there were any) would clearly belong to the customer, not to her. She stole from you by taking money belonging to the store (or if any customers qualified for the savings, she stole from them by keeping their money). You could sue her in small claims court for the money and/or file a police report and look to press charges.

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