When it rains...

[judecorp]

My Jennifer just called me, and she was very upset. Sometime between 2:00pm (when it was last seen) and now, someone stole her bag from the back room at her job. Apparently there is access to the back room from the behind-the-scenes area of the mall, and I have ZERO idea why it is not locked. But I digress.

I was trying to help her make a mental inventory of all of the things in her bag. The iPod I got her last Christmas was in there, as are several of her favorite limited edition pens. And her prescription sunglasses, which on their own were about $300 $450. And who knows what else. In a matter of minutes, someone walked away with nearly $1000 of her stuff.

I am just beside myself, partially because I'm here and can't do much about it except tell her to call the police and mall security right now, and partially because I have this terrible feeling that her company is going to refuse to reimburse her for her things, even though they have an unlocked area for employees to leave their personal possessions and no monitoring system.

I just don't even know what to do. I want to know when we're going to get a fucking break.

Comments

[wendywoowho.livejournal.com]

Oh, NO!!!!

Do you have renter's insurance?

[judecorp.livejournal.com]

No. We've always had it at every other place, but we didn't have the money last year and hadn't put it in the budget.

But I don't know that renter's would have paid, either... since the stuff was stolen out of her workplace.

[wendywoowho.livejournal.com]

Not that it matters after point #1, but on point #2, generally speaking, yes, they'd cover.

Of course, Massachussetts is a FUCKED UP PLACE when it comes to insurance...

*HUGGLES*

Random aside: If'n y'all are free Columbus Day evening, or any other evening after Columbus Day that week, I'd love to see you.

[judecorp.livejournal.com]

Columbus Day is a workday for both Jen and I, and we have to work the next day, so I doubt we'll be headed up to Leominster. The day before Columbus Day we are trying to rent a dumpster and organize a major throw out of my dad's attic and basement... so I doubt we'll be good company anyway.

But thank you for the offer.

That totally pisses me off about the renter's insurance. I wish we hadn't been so broke. Now we'll be even broker.

[wendywoowho.livejournal.com]

*smootch* If'n y'all decide you need post-Columbus-day-suburban-fun, give a holler.

[judecorp.livejournal.com]

Will do!

[luloubelle.livejournal.com]

The company should pay for those things! If they don't provide an area where her things can be locked up, they are liable! She needs to be a bitch and make them pay. That's crazy! I'm so sorry, Jude. This is the last thing you two need right now. :(

[judecorp.livejournal.com]

I know! I told her to bitch to her employers BIG TIME, but I don't know how much that will help. But we SO don't have the money to replace that stuff. I dipped into our savings to buy her that engraved iPod (with the Apple employee discount of a VERY generous friend), even.

I am so fed up.

[luloubelle.livejournal.com]

Well, if you need me to get redneck on they asses, you just let me know.

[judecorp.livejournal.com]

Noted.

[estrange.livejournal.com]

Gosh that sucks. I'm sorry Jude. :(

[judecorp.livejournal.com]

Thanks. Me, too. :(

[iansha.livejournal.com]

That totally blows!

If I know corporations like I know corporations, her job is likely to scream foul and not pay a thing!

Perchance do you have the serial number for her Ipod and perhaps any significant markings on the LE pens? That can help the police should they nab anyone who looks good for taking it. (Or if the stuff ends up in Pawn)

*hugs* Here's wishing you the much-needed break, already.

[judecorp.livejournal.com]

Yeah, she can probably dig up the serial number for the iPod, but I don't know if the dude would try to pawn it (when s/he could either keep it or make more money on eBay or something). As for the pens, beats me. That might be a lot tougher to prove.

I would be VERY surprised if her work offered any help at all.

[ralphmelton.livejournal.com]

Oh no. I'm so sorry to hear this.

[judecorp.livejournal.com]

I'm so sorry that the beautiful present that you helped me to get is gone! :(

[carina-s.livejournal.com]

Oh NO! I am thinking of you both.

[judecorp.livejournal.com]

I love you.

[fatfeistyfemme.livejournal.com]

That happened to me once - someone came in for a job interview and stole our wallets. They ditched them *in* the toilets. But they did ditch them. Mall security might find the purse in a restroom somewhere. I will hope for that for you both!

[judecorp.livejournal.com]

Well, it wasn't a purse, it was a satchel. On one hand that's good, because the wallet wasn't in it (it was in her pocket), and on the other hand that's bad, because it means there was more stuff in it.

Apparently her book, her business card thingie, and her umbrella made it to mall lost and found, but nothing else so far.

[indigodove.livejournal.com]

I am so sorry to hear this, and wish we could help.

[judecorp.livejournal.com]

Thanks. I don't know what to do. I'm just getting so, so tired.

[cappucinogrrl.livejournal.com]

I don't know - they might pay after all, at least for some of it. My peacoat was stolen from Odd Job - which keep in mind, was not a big store when I worked there. It was stolen by a customer - we let them in the backroom to use the bathroom, and although there were lockers for our bags, we hung up our coats.

Anyway, Odd Job told me to buy a new coat, give them the receipt and they'd pay. Which is how I got my suede jacket.

It's similar - it's the store's fault for not providing their employees with locks - and it was my store's fault for not having somebody watch the customer. (They had to be let into the backroom by an employee, they couldn't just sneak in.) They should pay.

You could also take it to small claims court if they don't pay.

[judecorp.livejournal.com]

Jen said she heard back from the HR person for her company and they are refusing to pay because "their insurance doesn't cover that sort of thing." This is where I say that the company should then step up and help her out without insurance. But I don't know if she is planning to fight it.

I worry that taking the company to small claims court will make things REALLY awkward at her job.

[cappucinogrrl.livejournal.com]

That's true - it could be awkward. I think she should try and get the company to pay - it's their friggin fault for not having the area locked.

Also, I need your address. Email it to me at en360 at nyu dot edu?

Best of luck.

[judecorp.livejournal.com]

My mailing address? I'll send it straight away. :) I will need yours back.

[cappucinogrrl.livejournal.com]

Yes'm, mailing address. S'il vous plait.

[judecorp.livejournal.com]

D'accord.

[odd-dog.livejournal.com]

Definitely have her file a police report. And have her make sure to mention to the cops that work didn't provide a safe place for her to lock up her stuff; they'll probably give her the opportunity to tell them that anyway when they ask why it wasn't locked up.

[judecorp.livejournal.com]

Well, the problem is this: her job provides lockers (with combo locks) for staff members to keep their stuff in, but they are small so they are not big enough for her to put her bag in. However, she could have taken her valuable stuff out of the bag and put them in her locker.

That doesn't address the fact that any wacko from off the street could walk into her workplace from the back and start doing bad things. I think they REALLY need to address this problem.

[volumeat11.livejournal.com]

Dude...that SO sucks... There are two types of people I have zero respect for, and a thief is one of them. That just...man...

[judecorp.livejournal.com]

Yeah, I know. :(

[smurfbrother.livejournal.com]

I was talking to a lawyer friend of mine last night, after we spoke, and she says the 2 competing issues are that the store management left the rear access door unlocked (that's in your favor), and that Jen didn't have her stuff stored in the company-provided locker. Now obviously, I don't know all the details, so this was almost entirely hypothetical. I'd imagine the rear access door does in fact HAVE a lock, though if this isn't true than both the company and the mall could be held liable. If the door just wasn't locked, that's negligence on the part of whoever'd been in charge that day or at that time. If, say, a staff member had unlocked the door, gone out for a smoke, came back in, and forgot to lock the door, you could sue them in small claims court for the replacement value of the items...that's personal negligence.

[judecorp.livejournal.com]

Here is the story on the lock:

Apparently there IS a lock on that back door (that goes into the back room) and it only locks from inside the store. The store policy is that the door stays unlocked all day (during store hours) as people go in and out of the door to get into one of the other stock rooms. They lock the door from the inside at night when they close up. There is no way to lock/unlock the door from the outside. This seems to be a MAJOR screw-up on their part. There was no one person's negligence when it comes to the unlocked door - it was store policy.

Jen's job's HR department has said that they will not help her out with any of her damages because their insurance won't cover this sort of thing. I am furious with them.

[smurfbrother.livejournal.com]

Well, "store policy" doesn't mean no negligence. Is it Levenger policy? If company policy is to leave the back of the store accessible to the public, that's negligent. If it was a policy of the previous manager that was kept in place by the present manager, than he can probably be held negligent. I would bet that there's some sort of store operations manual that probably specifically says that the back entrance must remain locked at all times...if the management of the store broke a policy like that, then they should be liable.

I would also strongly recommend that Jen get a copy of the employee manual, it should have specific language about personal property in the store. Unfortunately, it may specifically disclaim liability for personal property, in which case you'd probably have to try the personal liability route.

[judecorp.livejournal.com]

I will have Jen check the employee handbook (if they have such a thing, they're such a poorly run company). Right now, all I know is that it's not Levenger policy to have an unlocked door, but it's been the way that particular store has been run all along. It was set up with only one lock on the back door, a lock that only locks from the inside... so you can't keep it locked all day or people would keep getting locked out when they went out to the other store room.

So far, Jen has e-mailed upper management at Levenger Main Office to let them know that this is a danger not only to employees but to the company, since stock could be stolen as well as employee items. So far, everything she's heard from HQ has been no good, though - that their insurance didn't cover personal property which is why they provided those little lockers.

I think Jen's pretty SOL since the lockers are there. But thank you for talking to that lawyer person!

[kjames.livejournal.com]

oh man, jude, i'm so sorry. that sucks sucks SUUUUCKS. what a freaking pain in the ass.

[judecorp.livejournal.com]

This has nothing to do with Things That Suck, but I loooooove that picture of your child. :)

[afullmoon.livejournal.com]

That just sucks. I am so sorry for you guys. I hope they reimburse you guys.

[judecorp.livejournal.com]

So far the company is saying a big fat NO. I am furious with them.

[rizzo41.livejournal.com]

That's so weird. Is it never locked? If that mall is set up anything like the mall I worked in, then that would mean anyone could walk in from the employee hallway (which any old buddy could have gotten into, really), waltzed in and stolen merchandise. And that's not even considering the whole safety issue of leaving employees open to hold-ups. They are big fat tards to leave the store unlocked. I'd make big fat waves if they don't step up to it.

[judecorp.livejournal.com]

Yes, it does seem very strange, doesn't it? The door only locks from the inside, so during store hours they keep it unlocked so they can go in and out to the other stock room. But yes, it means that someone could come in and steal merchandise or possessions during all open mall hours, which seems like a big, fat STUPID IDEA to me.

They have said that they won't help with her damages because their insurance won't cover it. She wrote them e-mail telling them that current store policy puts store stock and employee lives in danger.

[rizzo41.livejournal.com]

Good! She should totally Erin Brokovich the hell out of them! Dipwads. I worked at a freakin' frame shop (and who wants to steal uncut, unassembled frames and foam core board?) And the manager had to use TWO keys to open the back door. Sheesh!

[judecorp.livejournal.com]

Her job is the stupidest place ever. They have such poor management. I hate them.