Cellphones On The Salesfloor – The Good, The Bad And The Ugly Of It

The use of cellphones in the workplace has become more prolific over the years. It used to be that managers could put out a policy stating that the use of cellphones was strictly forbidden. I used to be in this camp and to a certain extent, I still am. As a Loss Prevention Manager, I saw the negative impact phones could have on customer service. Employees would focus on the phone at the expense of the customers. When the culprit was a cashier I would see the violators of the policy hiding the phone next to the register and texting in the midst of a transaction. That was totally unacceptable and did on more than one occasion result in a register error. Either merchandise was not properly scanned or the wrong change was tendered to the customer. In several cases, I had cashiers texting family and friends telling them to come in and go through their checkout lane. This would result in theft through passing or “giving back too much change” commonly known as cash theft. Of course, using the phone as a means of stealing from the store was the ugly of the cellphone issues. 

     The bad side of the cellphone conundrum is the customer service issues they cause. You have seen it, the sales floor employee looking at their phone and texting or looking through their music. Eye contact is almost non-existent. As a shopper, this drives me up to the wall. If the employees would spend as much attention to shoppers as they do their phones I can only begin to imagine the increased sales stores would enjoy. Now, as a manager in a college library, I have student assistants working for me who all have phones and most carry the phone in their back pockets. We have policies restricting when they can use the phone but often I have to correct them when they violate the policy and pull the phone out and begin texting. We have the policy in place for the same reasons that stores have (or used to have) the policy; to ensure customer service is the number one priority. Making the enforcement of the policy more difficult is that other supervisors are pulling out their phones and using them. This seems a bit hypocritical in my view.  

     There is a good side to allowing cellphones in a retail or customer service environment and it has softened me just a tad to the arguments in favor of them. If a store employee is on the sales floor and sees suspicious activity from a potential shoplifter the employee can quickly get in contact with a manager without looking for a store phone. 2-way radios are not always the most effective communication devices. Some associates keep the volume on their radios turned up and even if an earpiece is in use conversations can be overheard. I have had shoplifting suspects hear employees talking and drop merchandise as I was preparing to stop them for stealing. I have also seen customers get angry when they heard employees talking about them over radios. It could be talking about the customer’s behavior or something the customer was saying that was causing a disturbance. For example, the customer could be causing a scene about a return they were trying to do that was refused. Radios are just not always the best communication tool from a safety or security perspective. Cellphones make a convenient and more discreet method of communication and can even include text messaging which isn’t heard at all.  

     Another pro-cellphone argument is the ability to summon help in a store in the event of an emergency. As we see in social media today there is hardly a significant event that can take place without someone(s) getting it on a cellphone camera. From natural disasters to vehicle accidents and even active shooters, right or wrong people are going to get video and messages out and post it. The more employees that are allowed to carry their phones the greater the likelihood first responders will be notified quickly from multiple sources in the store. Think about the advantages this could have in the event of an altercation or robbery. Someone is likely to get through to authorities much quicker than if a store phone is the only accessible communication device. 

     As much as they can be a pain in the neck to retailers, cellphones are here to stay. By laying out expectations and policies regarding when they can be used managers can try to manage the use of phones while being flexible in allowing them to be in an employee’s possession. Who knows, such a policy might be a lifesaver someday…literally.   

Is Pre-Employment Drug Screening Worthwhile In Today’s Culture?

There are many ways for store owners to reduce the risk of employee theft and fraud. Background checks supplement interviews and screening questions on a job application. Manager training to know the signs and indicators that a worker may be engaging in theft activity of some sort is another preventative step. Electronic Article Surveillance systems and tags are helpful in deterring shoplifters and dishonest employees. Certainly Closed Circuit Television (CCTV), Public View monitors and mandatory package checks before leaving work all play a part in preventing internal criminal activity. One of the best tools an employer can use to reduce the chance they will even hire a thief in the first place is the use of pre-employment drug screening. The prospective employee would go to the lab, fill the cup and labs would send off the sample to have it checked for illegal substances. That has been the most common of the drug tests and many employers have relied on it to help them keep their stores profitable and safe. 

     Is this still an effective method for owners to use? With states loosening their own laws surrounding marijuana use it is a mixed bag. Not all states are legalizing it and it is still a federal crime to use, grow, distribute or possess it. So if you are in a state where it is still a crime to use marijuana and an applicant applies to a job with your company but he/she comes from a state where it has been “legalized” do you have them take a pre-employment drug test? What happens if they take the test and results show they use marijuana, do you not hire them even though it was “legal” where they came from? This can pose a dilemma for store owners. If you do hire them, do you put yourself at risk for discriminating against someone from your own state who failed and did not get hired based on that result? 

     Leaving the marijuana out of the equation for the moment, there is still room for drug testing in the workplace, both pre-screening and random drug testing of employees. Drug screening can identify other illegal substances in addition to marijuana. According to thebalancecareers.com, “A typical drug test for employment purposes screens for drugs including amphetamines, cocaine, marijuana, opiates, nicotine, and alcohol.” While you may decide to overlook positive results for marijuana you can still turn down applicants for the other drugs. States may be legalizing marijuana but the debates about the safety and effects of the drug on behavior remain a concern. Just because it is legal does not mean you necessarily want someone who uses this drug or any other drug working for your business. Pre-employment drug screening is still an effective tool in your efforts to combat theft and safety concerns. 

     Why test for drugs in the first place? By testing and screening out applicants who test positive you significantly reduce the risk of hiring someone who very well may steal from your store. It may be cash or merchandise but they have a habit to feed and they still have bills to pay and they are not going to feed that habit on a retail job. Working in the store gives them access to money and merchandise that will provide the resources for their addiction. Another reason to test is to keep your store safe. Someone who is illegally using drugs or coming to work under the influence of drugs or alcohol can be a cause of an accident or can be the victim of an injury in the workplace incurred while under the influence. Whether they cause the accident or are the victim of an accident, you can end up paying for it. There is also the safety of your other employees to consider. Someone under the influence of the wrong drugs can be unstable and volatile. What is it that is going to trigger a violent action on their part? Giving them a direction or task they don’t want to do? How about a customer that says something that sets off your employee. There is no place for violence or theft in the workplace and pre-employment drug screening can help prevent both from happening. 

What can a Loss Prevention System do for you?

Loss prevention technology along with the proper personnel training will allow a retail store to reduce loss, improve customer service and provide the data necessary to access up to minute inventory information in the store.

A loss prevention system is a preventable measure retail stores need to adopt to prevent the losses that plague the retail industry. A loss prevention system along with trained personnel can be a deterrent to shoplifting, vendor and employee theft that can save the retail store thousands of dollars a month.

A loss prevention system can protect the merchandise in the store while protecting customers and the employees as well. Incidents, where violence and sometimes deaths occur, can be avoided with the proper systems, training, and the continuous effort to ensure the safety of the employees and customers alike.

A loss prevention system can allow the employees and manager of a store to focus and ensure customers have a good experience shopping at their store. Good customer experience can translate to continuous business, and great customer satisfaction has been linked to less shoplifting in the retail industry.

If you are the owner of several retail stores, a loss prevention system can be adapted to each store’s unique layout and needs while providing the same information you need to prevent shoplifting or to take the necessary measures to prevent it.

A loss prevention system is an investment a retail store cannot do without, but along with an investment in a loss prevention system, trained personnel plays an important role in making sure the system can do what it is supposed to do. Data from the loss prevention system cannot go unchecked, and it cannot be ignored.

Employees have to be trained and knowledgeable of the stores’ policies and procedures regarding shoplifting to ensure an efficient and quick response if shoplifting occurs in the store. Violence can and must be avoided at all costs.

There’s research out there that clearly indicates the cost versus benefits of having a loss prevention system in place.  Profits in a business can be slim, losing them to shoplifting, employee or vendor theft can be detrimental to any business.

Caught A Shoplifter? Now What? To Prosecute Or Not

Do you go fishing? Have you ever caught a fish and had to decide if you were going to keep it or not? Sometimes there are limits to the number of a certain breed of fish you can catch and keep in a day. There are also size limits that are imposed on certain species, for example; a Large Mouth Bass might have to be fourteen inches long or longer in order to keep it in South Carolina. There are even seasons when certain fish cannot be kept if caught. As an example in Texas, according to texas.gov, Red Snapper season in federal waters closed on August 22 in 2018. In some situations where you can keep fish but only certain quantities you may have to decide if you are going to catch and release and keep the larger fish or take a chance and just reach your limit for the day. Shoplifting can be somewhat the same. You were wondering how fishing was going to tie in to Retail Loss Prevention weren’t you? 

     Now I am not talking about catch and release because a shoplifter does not fit the right height and weight limits. I am talking about whether a store management team makes a decision if they are going to prosecute shoplifters if they are caught period. Some store managers make a decision not to prosecute anyone for theft. The reasons are varied but may include the potential danger involved with stopping a crook or the risk of making a stop and the suspect does not have any merchandise (or says they do not and makes the manager question the decision to stop).  Sometimes the decision not to prosecute rests on a dollar amount. A shoplifter might be stopped for an item under $20 but will not be prosecuted for that particular theft. Let’s explore why such decisions are made.

     One of the major reasons for not prosecuting shoplifters, especially when the value of the item falls under a specific price point is that the amount of time spent on the case far exceeds what the value of the item was in the first place. If you choose to stop a shoplifter you will want the manager to write up some kind of report of the incident. In Loss Prevention we have incident reports to complete. There is also the time spent by the manager waiting with the shoplifter in an office for the police to show up. Depending on the jurisdiction police may issue a citation to appear in court for the alleged crime or they may take the suspect into custody. Follow all of this up with time spent in court prosecuting the case. By the time all is said and done a prosecuted case can be more costly to the merchant than just recovering the product and letting the suspect go.

     Before you think that you have made up your mind on the direction you are going to take I would like you to think about the other perspective on this subject. Why would you decide to prosecute a shoplifting case? If you catch and detain someone, decide to release the suspect and they get into an accident you could potentially be held responsible. That is unlikely but has to be taken into consideration. If the suspect is a juvenile and you detain them you absolutely cannot release them on their own. Yes, you could choose to release them to a parent or guardian but there may be reasons it would be better to contact the police. I have seen my share of irate parents and later wished I had released the child to authorities.

     While it may not seem like an important reason for you to prosecute a shoplifter I would ask you to consider one more thing. Each time a shoplifter gets caught, cries and gets cut loose with a promise not to steal again it is another crime that there is no record of being committed. Prosecuting a thief may not make a significant difference to you but in the big picture a shoplifter with no official police record is a shoplifter with a clean record. That minimizes any penalty they may get when they are finally caught and prosecuted. Shoplifters who get away with their crimes continue to hurt retailers until they do get caught and prosecuted. 

     Catch and release when fishing may or may not be your choice. Prosecuting a shoplifter or not is up to you. Safety, efficiency, productivity and ramifications must all be taken into consideration. Ultimately the choice is up to the store owner. Just remember, whatever you decide to do be consistent and be fair with everyone you deal with.

Vendor Theft: Causes, Effects and Prevention

Having worked in retail for nearly thirty years I have found that more people work in the store than just the people directly employed by the store. My encounters have included working with various external vendors. I have worked with representatives for jewelry and accessory servicing, cosmetic reps, snack vendors and even cleaning vendors. I have checked in soft drink vendors and food vendors through our loading dock receiving procedures. Just like our store employees, the vast majority of vendors who service stores are honest and work hard to satisfy their clients. Unfortunately, just as there are in stores there are bad apples for vendors and they can cause shortage in stores through theft, fraud and even paperwork errors.  

     The good news for retailers is that in the big scheme of things vendor theft generally accounts for the smallest amount of shortage. According to the National Retail Federation 2018 National Retail Security Survey, vendor fraud or error accounted for 5.4% of retail shrinkage in 2017 (pg. 5). That said it is still a source of shortage that can be controlled thereby saving stores potentially thousands of dollars a year.  

     So how does vendor theft and fraud happen? Just like any other theft it requires the person committing the crime to have the opportunity to steal, the means to steal an item and the perceived risk of being caught or punished. Just like a three-legged stool, remove one leg and the whole thing falls over. You cannot control whether or not someone has a desire to steal but you do have control over the conditions that make theft appealing.  

     Depending on what the vendor is doing in the store can impact how they might steal from you. Having controls in place in the store and requiring vendors to follow those procedures or controls can influence whether that person decides to attempt to steal. For example, many stores have vendor log books and vendors are expected to sign in when they enter the store. They may even be issued temporary name badges once they sign in. When someone has to register when they enter a building there is a sense of accountability, anonymity is lost.  

     The type of vendor can also play a part in how theft or fraud transpires. I have seen cosmetic vendors in stores with large satchel purses and bags. Their paperwork and checklists are stored in the bags but they also make great hiding places to conceal merchandise if they are stealing. A store should have the same requirements for vendors as they have for their own employees. A vendor should be required to have their bags or packages checked before they leave following a visit.  

     A food or beverage vendor may have empty boxes broken down that they are carting out for reuse. An employee of the store should be inspecting between the boxes to ensure no merchandise has been concealed between the layers. A vendor should also never be throwing out their own trash. Store compactors should always be locked and only a manager or store owner should have access to it. The manager should be the one to inspect vendor trash and throw it away as they look for empty packages that could indicate a theft took place. 

     All store entrances should be protected with electronic article surveillance pedestals. This serves as a deterrent to vendors who may be reluctant to try to walk out with merchandise that might cause an alarm to sound. There are many businesses which set up pedestals at the front entrances and even at employee entrances but neglect to place them at vendor service doors. If a vendor has thoughts of stealing they are looking at the anti-theft strategies and will take notice of unprotected access points. 

     Vendor supplied merchandise should also be detail checked in. Validating what an invoice says is being delivered and billed to a store and what is actually received are important steps in the vendor process. It is possible for a vendor to short an order accidentally but that still counts towards the shortage for the store. A driver can also intentionally short an order if they know the merchandise is not detail checked in. The product that is not brought in can then be sold on the side and the profits pocketed. 

     As I stated in the beginning there are very few dishonest vendors but they do exist. Build strong partnerships with them but remember that some may try to take advantage of you. Make your vendor partners follow the same guidelines that your employees follow. Be clear from the beginning and you will run into few difficulties and you will have a relationship that fosters sales for both parties. 

An Investment For Your Business

When new legislation passes in many states, the array of issues that come to new elected officials varies considerably.  

Shoplifting laws are one of the many topics legislators review to make sure the punishment is appropriate.  Businesses and small businesses in general need to be protected by the laws of the country to ensure the economic growth of a locality, the state and ultimately the country.

The punishment for shoplifting varies according to the state and in some instances the county where the business is located.  Laws are put in place to make sure these silent crimes are not committed with impunity, and the shoplifter is prosecuted according to the law. 

Unfortunately, many of these shoplifting incidents are not prosecuted for  many different reasons. Ultimately, it is up to the business to decide whether to prosecute the shoplifter or not.  As a business owner, they have to consider the costs associated with prosecuting shoplifters as a rule and whether it is economically sound to do so.

A lawyer’s fee for an hour or to prosecute a case depends on the region, the experience and the complexity of a case but, either way, their fee does not come cheap. 

 As a business owner, is it practical or economically possible for you to have a privately retained attorney? Is it your business practice to prosecute a shoplifter regardless of the quantity they steal?  There are many questions one needs to answer, and many options you have to make as a business owner regarding shoplifting.

Shoplifting in the United States have become a multi billion nightmare for businesses in the retail industry.  From the casual shoplifter to organized retail rings, the losses the retail industry suffers are staggering.  The small stores or shops in this industry have to fight and stop loses because their livelihood depends on their ability to stop the shoplifters. The profit margin from sales is too small for them to ignore the problem or to neglected it for too long.

For many of the small retail businesses, a loss prevention system that allows them to protect their merchandise and profits is one of the best ways to invest in their business.  Big retail chains have for many years now invested in loss prevention systems to help them minimize the losses and help them prevent shoplifting and employee theft. 

A loss prevention system that gives the employer or management of the store up to the minute information about the merchandise , allows them to do their job more efficiently and helps them prevent theft is an investment that will pay off sooner than you think.

To Prosecute Or Not – The Ball’s In Your Court

Does it matter whether you prosecute shoplifters? There are some retailers that will not prosecute a shoplifter if they catch them. Many retailers discourage their employees from following someone outside to get a vehicle description or license plate number even if they know someone stole from the store. Then there are the retailers that will allow managers to approach someone who is suspected of shoplifting. What is the best approach to addressing theft? Have you thought about why or how you approach the issue of theft?x

Why would a retailer catch a shoplifter but then not prosecute them for the crime? There are several reasons a store owner may choose not to charge a shoplifter if they do catch them. 

  • When a shoplifter is caught and sent to jail or in some cases a citation to appear may be presented, the store manager or person who caught the shoplifter has to go to court. This can be a time-consuming prospect. There are jurisdictions where the person who filed a complaint or prosecuted a shoplifter will be prosecuted themselves if they fail to appear in court for a case. 
  • Some store owners will use the promise of not prosecuting a crook if the merchandise is returned. The owner is more interested in getting their product back than what happens to the thief.
  • There are managers who do not prosecute because they feel badly for the shoplifter. They believe that consideration of the person’s circumstances is an appropriate response to an offender. For example a person may say they shoplifted food because they are hungry or they stole clothes because they are homeless or needed them and could not afford to purchase them.
  • There are situations when a store manager takes age into consideration. The apprehended party may be (or claims to be) a juvenile giving an age that falls into that state’s age bracket for juveniles. The manager may feel they are doing a favor by not marring the youth’s future opportunities with a criminal record. A manager may also feel sympathy for an elderly person because of advanced age or possible mental deterioration.

Each of these decisions has some merit on their own. There is nothing wrong with feeling badly for a person or their circumstances. There can be some ramifications that result from releasing someone who has been caught shoplifting if you are not careful. 

     Consider what happens if you decide not to prosecute someone and they leave your store after you have detained them and they were to be injured. I am always especially cautious when the party is identified as a juvenile. Anytime you are dealing with a child you have to be careful. If you choose not to contact the police after stopping someone, even if you retrieve your merchandise what proof do you have that you recovered anything from that person? Is there a chance you could be falsely accused of unlawfully detaining that person? Even if you do recover merchandise and no issue transpires, without a police officer being present to hear you tell the person not to return there is no documentation of the incident. Nothing prevents that shoplifter from returning to your store again. 

     Catching and prosecuting shoplifters does carry its own risks and headaches. Sometimes there are just no easy solutions. One thing you have to be very cautious of is inconsistency. If you prosecute one person and not another person are you at risk of being sued for discrimination? Could someone say you gave preferential treatment based on age, race, gender or any other factor because it was learned you previously allowed a break to other people?

     If you are going to allow managers to stop people for shoplifting it is crucial that they have received quality training on how to do so safely and consistently. Be certain not to allow any behavior that would endanger your employees and do stress that they are allowed to make decisions based on how they feel about their own safety. If they believe a shopper is stealing but the person’s behavior is threatening or intimidating in some manner trust your managers to back off or if it is serious enough to contact police. 

     No one can tell you the best approach to dealing with shoplifters. Ultimately it is your decision to make. What I can say is that a store with a focus on customer service and a strong retail anti-theft strategy can deter the vast majority of shoplifting and eliminate the need for prosecuting shoplifters because they will leave the store empty-handed.  

Shoplifting And The Law

Law changes across the United States dealing with shoplifting are always changing.  Police departments across states work among businesses to protect them from shoplifting and other illegal activities. Businesses need and demand harsher sentences to deter shoplifting.  Businesses dealing with shoplifting are inarguably in accordance with the police force, and want solutions to protect their business and ultimately their bottom line.  When training your loss prevention personnel, what is allowed and what is prohibited according to the law, must be addressed with them and with the management of your company. A well trained loss prevention officer can be the difference between a law suit or not.

For more about this topic, follow the links below.


Civil Demand Letters After You Are Busted For Shoplifting

Shoplifters who were caught and released are getting an additional scare in the mail after the event occurs. You may have been caught lifting a pack of gum, or a shirt from a local store. When you were caught you may have just been asked some questions and let go on the spot. However, a letter might come in the mail to scare you after the fact even if you aren’t arrested.

Typically when you are caught shoplifting in Illinois, the store gets their merchandise back undamaged, on the spot. There are no damages incurred by the store, as they are free to sell that t-shirt or pack of gum. However, some law firms are coming after shoplifters in an attempt to gain monetarily for the event. A letter arrives, from a law firm claiming damages and back legal fees they claim a shoplifter owes.  This is called a civil demand letter. This letter does not mean any charges have been filed against the shoplifter and the person who receives the letter probably shouldn’t pay. In my opinion, making the payment admits guilt.


Know Your Rights if a Store Detains You for Shoplifting

Being detained by a store or mall security office under suspicion of shoplifting is an experience no one wants to have. Often mall security will try to pressure you into signing a statement admitting your guilt (often threatening to call the police if you don’t) or force you to pay restitution for your offense, but in some cases things can escalate. If you’re detained for shoplifting—regardless of whether you’re innocent or guilty—you have rights. Here’s what you need to know.

This post is part of our Evil Week series at Lifehacker, where we look at the dark side of getting things done. Knowing evil means knowing how to beat it, so you can use your sinister powers for good. Want more? Check out our evil week tag page.
What Has to Happen for a Store to Detain You

The first thing you need to know is what a store has to have or has to see in order to exercise their right to detain you. First, a witness or employee needs to establish probable cause.


Shoplifting offenses are fairly common, but that doesn’t mean shoplifting crimes aren’t taken seriously.

Shoplifting offenses are fairly common, but that doesn’t mean shoplifting crimes aren’t taken seriously. Every state’s penal code includes provisions that apply to shoplifting (usually under the umbrella of theft or larceny statutes), and penalties can be harsh — especially when the dollar value of the merchandise is high, or the offender has a criminal record.

What is Shoplifting?

Shoplifting is typically defined more broadly than the simple removal of merchandise from a store without paying for it. You can also be charged with shoplifting (or retail fraud) for things like:

  • altering a price tag
  • removing (or even just trying to remove) security tags and other theft-prevention
  • “secreting” an item on your person while still in the store (putting merchandise in your pocket or purse), and
  • removing an item from its packaging and concealing it in or among other merchandise.