In October I was issued an ordinance violation in the state of Wisconsin for shoplifting. It was a matter of wrong place, wrong time, with the WRONG PERSON. On January 6th I had a court date for the matter, and during a pre-trial conference the city attorney decided to amend my charge. If I complete community service, my charge will become trespassing. This is an alternative to having it dismissed, since I am over 21 (under 21 would have led to a dismissal). After my court date, my employer found out about this pending charge (it is in the system as shoplifting until my service is complete). They put me on unpaid leave, which they can do according to state law. But what concerns me is this: they said that my future can not be determined until after this is amended in the system. So even if my charges are changed, and my record shows no conviction of shoplifting, they might still terminate me. They were not even aware of this until a co worker looked me up online (wisconsin has public access to court records) and printed out my pending charges. There are other employees with worse criminal records, and employees that do drugs, but because this company doesn’t background check or drug screen, they will never be terminated. I have been with this company for five years, and have never even been written up. I have perfect attendance, and I had just accepted a promotion. My local and district managers don’t want to lose me…someone sent this over their heads. Do I have any rights? Remember, the key is this: my employer is retail based. In one week, I will not have a shoplifting charge on my record. I have nothing negative on my file, just a bunch of good reviews and customer compliments.
the reason they are amending it is because I didn’t shoplift, the person I was with did, and I was naive enough to think she wouldn’t. I can’t afford to have it fought in court to be completely removed. So, if my employer had seen this in it’s final phase only (which it will be in by next week) there would not be any shoplifting. I don’t steal, in fact, I am on a committee at work that monitors shoplifters.
I was naive enough to think that if I cooperated with police, I would get this cleared up. Cooperating just got me in deeper and deeper. I have severed all ties with the other person, and I am doing my best to move on. What hurts the most is that my court date went sooo well…an agreement was made, and I was on my way back "up". My suspension was supposed to last until march 5th (when my court date was supposed to be) but after speaking with the city attorney, she is going to amend it as soon as I get community service done. I have been nothing but successful at this job…like I said, my promotion was supposed to start in three days…I am one of their top employees. Customers know me by name, and talk to me when they see me outside of work!! This means a lot to our district people…but it doesn’t mean a thing to the "higher ups".

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