Can i be sued for defamation of character

[RobertaMary]

During my job in retail today i believed a woman that came into store was someone id had to eject for shoplifting from my previous workplace. I used hte normal customer service i.e followed her into the fitting room after she went in without checking if she could & counted the item she had in ( this IS standard practice) & waited for her to try it taking it from her as she left. Whilst she was leaving she said to a child she had with her clearly enough for my colleague to hear that they would go to neighbouring store where she woulndt be "watched " in the fitting room . This made me more suspicious, she returned a few minutes later in a furious temper shouting at the top of her voice that about my attitude & how the staff had followed her about. I was attempting to serve a customer at the time who was instore on her 1st visit & as she is in retail herself rcognised my store password that we use for suspect customers & actually said she also recognised the women as a potential shoplifter. Anyway as she was shouting & crating such a disturbance i did say to her that id thought she was a women id dealt with in past...this only made it worse & i realise i should not have mentioned this. In the meantime the manager had called security & she was asked to leave. Later in the day her very annoyed husband phoned & demanded my name to give to his solicetor, id answered myself burt as he was shouting & screaming at me i didnt give my name & put phone down. I was so worried that i called security to accompany me & my staff out whilst locking up. The whole situations been logged with our company support line as we are required too. Do i have to give my name?

[Andyvon]

It sounds like you were just doing your job Robert. Your employer should appreciate the fact you were being consciencious and I'm sure they will. If you thought you recognised the woman from another incident then you did the right thing.

[daffy654]

I doubt very much if this woman's husband (if that is even who he is) has contacted a solicitor. They are probably after some form of compensation.

[RobertaMary]

Thanks Andy, its Roberta actually. Im worried sick but my manager was supportive though did say i shouldnt have mentioned the previous incident & now im not 100% it was even her.There were several witnesses to her originally coming back into store to kick off so i was under severe pressure to explain myself as it were

[RobertaMary]

Yes Daffy no doubt but im concerned they will come back into store, i can ask that the mall we are within ban them if they do but no doubt a complaint will be made with my company. Id also thought they probably wouldnt have a solicetor as she did look very suspect hence i well...suspected her. I had seen out of the corner of my eye her young child pinch some stickers we use for our gift vouchers from the counter which really did make me think i knewher & her mum as it was the child i caught 1st previously! Luckily i didnt bring her into it as no doubt i would be in far more trouble

[Messi_Ten]

You don't have to give your name to anyone. It happened in a work situation, let your employer deal with it.

It was probably a load of idle threats anyway, don't lose any sleep over it!

[RobertaMary]

awww thank you so much Messi........thats just whet i need to hear :)

[chrissa1]

I agree with Mesi. You were doing your job. Don't worry.

[RobertaMary]

im so glad i asked, thanks for all your answers

[arwyn]

OMG I have so been in your shoes before, I lost many a nights sleep over this type of thing. Good luck, hope you have better bosses than I had..

[RobertaMary]

Arwyn ive been in situ before but never to this degree, boss was there half way through & is supportive though no doubt a customer complaint to head office isnt going to do me any favours. Trouble is in retail we get hit so hard by theft & its very hard to stay on the side of right when someones being abusive after being so suspicious

[Andyvon]

Sorry Roberta - I didn't look at your name carefully enough and missed the 'a'.

I still don't think this woman has much of an argument. If she was the person you thought she was then she won't take it any further and is only letting off steam. If the woman was a genuine and honest customer then you were still in the right if your suspicions led you to be especially watchful of her. Perhaps she didn't like that, but surely protecting stock and the store is one of the obligations for a member of staff. You didn't get physically aggressive and you were being vigilant.

As I said, I'm sure your employers will appreciate the fact they have a member of staff who is vigilant and takes sufficient care to do her job well. I think there are plenty now who don't really care. I don't think you should worry too much about any possible complaint. If the woman does complain (and she won't bother with a solicitor) then just stick to your guns and say you were doing your job.

Good luck Roberta.

[RobertaMary]

Thank you so much Andy von, thats a really encouraging message, ive a very friendly PCSO that i had to call in a lot in my prev job in a fashion jewellry store..........on a daily basis. Im in clothing retail now so not such a prolific problem but still a constant worry. The things people do! Use their kids to steal, line bags wit tin foil to stop tags setting alarms, ripping tags out , cutting the metal pins in half & now we have someone who comes in & has a hand held detagger...she goes around untagging things in situ on shopfloor then has someone come around a minute later putting them in a bag or a baby buggy!!!!!!!!!!! you have to have eyes in back of head to keep on top of it..oh & sell the remaining stock or go under & close

[RobertaMary]

..................opps i should say my very friendly PCSO isnt mine lol.he has been a great help to me in past & says he will drop in to see me at work tomo........

[jno]

I'm pretty sure that even if you'd said to her face "You are a thief!" it would still not be defamation - you have to say it so someone else hears it and thinks less of her character because of it.

(But don't let on that you were talking about her to your customer - what the two of you said *might* be seen as defamatory.)

If all you said to her was "I thought I'd had trouble with you before", that is not defamatory, it's a simple statement of truth (a statement that is true is not defamatory).

[slinky.kate]

I would be more worried at the fact you followed her into the changing rooms...

Don't worry you'll be fine! As long as you stuck to procedure YOU will be fine and the only people who should be worried are the company, I don't know much about retail but it doesn't sound like anyone done anything wrong.

[RobertaMary]

thank you jno thats very helpful & well phrased so as to sound correct. I myself was calm, discreet & non confrontational whereas she was the complete opposite. We are taught to be this way & it serves us well but its difficult to keep your cool when someones screaming in your face, luckily i had several people come up to my manager after the women had been ejected saying that id been proffessional & polite. Time will tell i guess, i will update things tomo evening...wish me luck everyone :s

[RobertaMary]

well folks, no sign of or call from the women or her irate hubby.....God ive been so nervous all day esp late afternoon when i thought they could turn up. My managers reported it to our incident line & was told to call police if they show up so at least its being viewed very seriously. Thanks for all the comments, im day off tomo so at least have a break from worrying myself sick but concerned about Thurs when its managers day off. Oh & im meant to be moving house on Friday but thats another nightmare.................

[Andyvon]

Hi again Roberta,

I'm pleased to hear everything was alright. This woman was obviously letting off steam and may well have been unhappy that you had cottoned on to her - especially if you think you recognised her. You stuck to procedure and did your job and I'm sure your managers will be pleased that you did. You won't have anything else to worry about now.

Good luck with the move on Friday. I hope the weather is reasonable!

[RobertaMary]

Well inever, the companies issued a banning order for a women who sounds distinctly like Mrs Angry!!!!!!!!!!!! She is barred from all the differant brands in the chain.........i KNEW i was right....yayyyyyyyyyyyyyyyy

[Bigeye74]

I can't see it going anywhere, it's not as if you threw her of a train in Scotland. Also, a friend of mine that used to do a bit of smuggling in Europe said that the best thing to do is kick off if anything happens as people generally won't make a fuss and let you go. I would be prepared to apologise if advised to by the company. Failing that just hope she doesn't work in a shop that you frequent.