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What is L.P. thinking?
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<blockquote data-quote="The Other Side" data-source="post: 432759" data-attributes="member: 17969"><p>Red, your local should provide access to attorneys both criminal and civil? </p><p> </p><p>Why are you getting involved? Where is his attorney? Hopefully you are NOT giving him legal advice. Under some jurisdictions, this could be a violation of law.</p><p> </p><p>You keep saying "WE" refused this, "WE" said that. </p><p> </p><p>It makes no difference where he bought the phone or from who. Recieving or purchasing stolen merchandise is still against the law. If he didnt know it was stolen, he should have, NOBODY buys a blackberry in parking lots and thinks it legitimate, unless your Tony Soprano.</p><p> </p><p>In this case, there had to be some form of investigation by the district attorneys office to establish a premise for a charge, UPS doesnt set charges.</p><p> </p><p>There had to be enough <strong><em>Prima facie evidence</em></strong> to make an initial case against this young man. Ignornace is never a logical defense.</p><p> </p><p>I understand he is my teamster brother, but I for one have no sympathy for his situation. A person would have to be a complete <strong>idiot</strong> to walk into shipping company parking lot after a shift, see a former employee known to have stolen merchandise from the same company, get solicited for a phone at a 75% discount with no warranty, plan or insurance, pay for it, walk back into the same company and face the scrutiny of UPS security looking at a part time employee with a $500 dollar phone with a $9.50 an hour pay rate and ask for a property pass.</p><p> </p><p>This has to be the dumbest thing I've ever heard. </p><p> </p><p>My next question is this, Why hasnt the guy who allegedly sold him the phone been charged as well??</p><p> </p><p>If your "pet project" is telling the truth, then he should have already fingered the guys name to the district attorney and this guy arrested and charged with selling stolen merchandise, a crime by the way, UPS would be all OVER.</p><p> </p><p>Now, if your man doesnt want to finger anyone, then shame on him, good luck on the conviction.</p><p> </p><p>A UPS panel case will have no bearing on this case in court. It lacks merit, investigation, or legal premise.</p><p> </p><p>No union contract can violate STATE LAW. So, in other words, if the panel heard the case and determined he was eligible to return to work, yet, the circumstances were still a violation of State Law, then the charges can continue despite returning to work.</p><p> </p><p>Internal theft is a huge problem at our company. I hate it like the next guy.</p><p> </p><p>We had a case last year where a driver was always showing claims on route in the "tens" of thousands of dollars each month. After a lengthy investigation and his house raided, the company found over 50K of merchandise in his home.</p><p> </p><p>He was a "nice" guy too. </p><p> </p><p>He asked everyone for help, we had no choice but the let the law of the land deal with him.</p><p> </p><p>Theft no matter how small is a big deal. </p><p> </p><p>All I can say is I hope his attorney, not you, provide him the proper legal advice and he learns a valuable lesson from the experience.</p><p><img src="/community/styles/default/xenforo/smilies/FeltTip/dead.png" class="smilie" loading="lazy" alt=":dead:" title="Dead :dead:" data-shortname=":dead:" /></p></blockquote><p></p>
[QUOTE="The Other Side, post: 432759, member: 17969"] Red, your local should provide access to attorneys both criminal and civil? Why are you getting involved? Where is his attorney? Hopefully you are NOT giving him legal advice. Under some jurisdictions, this could be a violation of law. You keep saying "WE" refused this, "WE" said that. It makes no difference where he bought the phone or from who. Recieving or purchasing stolen merchandise is still against the law. If he didnt know it was stolen, he should have, NOBODY buys a blackberry in parking lots and thinks it legitimate, unless your Tony Soprano. In this case, there had to be some form of investigation by the district attorneys office to establish a premise for a charge, UPS doesnt set charges. There had to be enough [B][I]Prima facie evidence[/I][/B] to make an initial case against this young man. Ignornace is never a logical defense. I understand he is my teamster brother, but I for one have no sympathy for his situation. A person would have to be a complete [B]idiot[/B] to walk into shipping company parking lot after a shift, see a former employee known to have stolen merchandise from the same company, get solicited for a phone at a 75% discount with no warranty, plan or insurance, pay for it, walk back into the same company and face the scrutiny of UPS security looking at a part time employee with a $500 dollar phone with a $9.50 an hour pay rate and ask for a property pass. This has to be the dumbest thing I've ever heard. My next question is this, Why hasnt the guy who allegedly sold him the phone been charged as well?? If your "pet project" is telling the truth, then he should have already fingered the guys name to the district attorney and this guy arrested and charged with selling stolen merchandise, a crime by the way, UPS would be all OVER. Now, if your man doesnt want to finger anyone, then shame on him, good luck on the conviction. A UPS panel case will have no bearing on this case in court. It lacks merit, investigation, or legal premise. No union contract can violate STATE LAW. So, in other words, if the panel heard the case and determined he was eligible to return to work, yet, the circumstances were still a violation of State Law, then the charges can continue despite returning to work. Internal theft is a huge problem at our company. I hate it like the next guy. We had a case last year where a driver was always showing claims on route in the "tens" of thousands of dollars each month. After a lengthy investigation and his house raided, the company found over 50K of merchandise in his home. He was a "nice" guy too. He asked everyone for help, we had no choice but the let the law of the land deal with him. Theft no matter how small is a big deal. All I can say is I hope his attorney, not you, provide him the proper legal advice and he learns a valuable lesson from the experience. :dead: [/QUOTE]
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