"Mr. Beaver, something we all take for granted," wrote "Neal," a manager for a large supermarket in Atlanta, "is paying for our groceries and receiving change.
"The cashier's role in these transactions is important, so to be sure that customers receive all their change, training manuals for new, inexperienced hires instruct" that they count back change aloud and, if coins are dispensed automatically, indicate that so the coins are not forgotten.
Of course, you don't need a legal education to know that the cashier has to make sure the customer is at least given the opportunity to take their change, bills and coins.
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But what if a customer forgets to take all their change? If another customer doesn't take it, what should the store do with the money?
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A kind store manager
Neal then shared the following incident, which began in the parking lot while he was tending to carts. A mom waiting in the car with an infant had given "Kitty," a little girl of about 11, a shopping list and money.
"With a big smile, the girl returned with her purchases and the receipt, but no change," Neal wrote. "She should have had 75 cents and told her mother, 'I forgot to take it.' Mom sent her back, but the checkout line was closed, and her money was gone. Kitty returned to the car in tears."
Neal noted that it appeared to him that the family needed that change. So he approached the woman and said, "'Please, all of you, follow me inside.'" He led them to the checkout counter, which was now closed.
An employee reported that, yes, 75 cents had been forgotten, and she had looked for the little girl but could not find her. So she'd placed the money in a donation box at the register, which now contained only three quarters.
"I handed them to Kitty," Neal wrote.
But that wasn't all he did. He next instructed the store's assistant manager to escort the woman and her children through the aisles so they could fill a grocery basket with "whatever they needed."
"Mr. Beaver, among the employees who were present, there wasn't a dry eye. With food prices so high, I felt — and our management agrees — that we need to help those in need."
How does forgotten customer change impact the supermarket?
Neal outlined the consequences of forgotten change to the supermarket, which might be surprising for some readers. "It is a time-consuming headache that can have serious consequences, such as employee termination for repeated incidents of failing to draw the customer's attention to their change."
Specifically, forgotten change can:
Lead to a cash drawer imbalance. At the end of a shift, if forgotten change is still in the cash register, it will cause the cashier's drawer to be over what the register reports. While it may be an honest mistake, it still counts as a discrepancy that reflects poorly on the cashier's performance.
Draw theft suspicion. Frequent overages or shortages in a cashier's drawer can raise suspicion of theft or poor cash-handling abilities. Management receives special training in spotting patterns of discrepancies that may be a red flag for misconduct.
Cause embarrassment for customers. Having to return to the store for forgotten money can be embarrassing. The inconvenience also reflects poorly on the checkout experience, discouraging repeat business, especially if the money has been taken by someone else.
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Trigger complaints and even small claims court lawsuits. On occasion, customers will file complaints with management or even in small claims court, usually over claims of several dollars not being returned.
Some of these situations are legit, but just as most stores would rather let a shoplifter walk away instead of arresting them, far too many just pay off an obvious con to save time and court costs.
'Finders keepers, losers weepers' doesn't come into play
Surprisingly, over the years, when recognized while checking out at a supermarket near our home, I have been asked by cashiers, "I know that I am supposed to give forgotten money to the store manager, but what happens if I keep it? Doesn't the law of 'finders keepers, losers weepers' apply to forgotten change?"
I always reply, "'Finders keepers, losers weepers' is not a valid legal principle for forgotten change — that includes left-behind debit and credit cards — in any state. Management has the obligation to try to return it to the owner, if that person can be located without an enormous investment of time. Often, if there is no idea who left the change behind, small amounts will simply be donated.
Caveat: Lost, forgotten or unclaimed property raises complicated legal issues that I'll discuss in a later story — I promise!
And then I add, "So, if you value your job and do not want to spend some real change on hiring me to defend you for theft — because it is considered theft if you take money without trying to return it to the owner or turning it in to the store or police — here's my business card in case you have further questions.
"I would prefer to see you working here, not sitting in the county jail."
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
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