While most of your points are valid, I think you're a little off on some of them....
The one that stuck out to me he most was that the gift cards don't have a cash value. That's not necessarily true. (1) Some states require retailers to cash out those cards, even ones received via a promotion.
This thread is pretty old. (2)But like I previously said this instance was HR policy and not theft from Target. However Target could report it to law enforcement if they wanted to. So yes while they could have refused to give the money back to Target as restitution, nothing would stop Target from reporting and providing the evidence of the theft from the guest(s) to law enforcement.
(3) For the amount it just wasn't worth the hassle. I've seen much higher value cases get passed to law enforcement even after the employee agrees to pay money back.
(1) That's while you'll find "cash redemption values" on circular advertisement coupons like 1/20 of a cent. In practical terms, this has no cash value other than a "redemption value". In other words your $1.00 coupon is not valued at a dollar, only a redemption value which is not it's face value in cash in this case. You have got to love the legalese you find when looking this stuff up.
Our cards have specific redemption requirements to avoid fraudulent duplication and use. You agree to the stipulation upon acceptance of the card/coupon. I think you have to request redemption it writing and/or with some form of proof (receipt) if I recall correctly. In other words more than just hand it over and give me my $5 bucks.
That being said, these coupons have "no cash value" in a practical sense regarding the bearer surrendering them for cash at the point of purchase. In other words, they are not "cash vouchers". They are not treated as cash nor valued as cash unless certain conditions are met. This is done for counterfeit/fraud protection. I never knew/realized this level of complication existed until I researched the topic. A business can get themselves in some seriously financial difficulty if they don't protect themselves.
(2) I agree with your assessment on HR policy.
Coupons are a different animal when it comes to legal issues from what I have learned. We get "couponers" who clean us out and take the merchandise to resell at the local flea market. I looked up the use and I asked a couple of attorneys about the legal use of coupons.
What I learned is that the terms of redemption (redemption of cash/goods/services) will be included in the terms of use. Once again, most companies allow you the right to "cash in on a coupon" with specific instructions. Companies will often require you to provide proof of qualification or something as to protect themselves against counterfeit coupons. You'll find the clause of "Your rights vary from state to state" also appears in these terms.
From what I understand, Target would have to have offer proof that he intended to use the coupon in a manner other that its
intended purpose along with proof that they were obtained in a manner that would constitute theft when filing a police report.
Unless they were trying to use it for something than its intended purpose, there is not much you can do about it. That's just how it is. That's why you see limits on the number of goods/services/cash that can be redeemed against a coupon in writing somewhere along with terms of use.
That brings us to the how how he obtained the cards/coupons. All coupons in general are considered "bearer" in redemption unless otherwise noted on the coupon itself. Target would have to have in writing (affidavit) from the Guest that they did not permit or extend the right of use of the coupon to the team member. In other words the Guest and/or the right to use in writing, the original receipt would have to be involved in the initiating of the filing of the police report. Good luck on that one.
I'll paraphrase and substitute Target for "company" in a common theme I ran across;
Target cannot initiate a legal action on behalf of someone without their written consent.
It's different than taking money out of the register or merchandise from the store. You would be stealing directly from Target.
That's why retailers in general do not pursue such things. It's just too costly and too much work if its not fraud on a large scale from what I have learned/read.
(3) Your dead on with the money. It cost a lot of money to prosecute these crimes. The time you pay the attorney and prepare the case you could be out several thousand dollars and still not get a conviction. Sometimes, no matter how blatant, they are just not worth it.
I hope that former Team Member learned his lesson.
