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.   

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.