Legal Trouble

[Speedling]

I am going to leave out most information because it's been a crazy day.
Yesterday, we fired a kid/guy because of several reasons but mainly due to lying about time sheets, and complaints from customers that he was "wiggin out" in a corner for like 5 minutes.
Anyways, he decided to terminate his employment instead before he was officially fired. Owner wrote up a few things and had him sign off on it with his check. They had words, and he was escorted off the premise.
I was not there, which I am almost sad that I wasn't because it seems no one there has people skills except me. Probably why I became a manager there in 3 months, and I chair the Deaconite at my church, along with several sub committees. Not like i'm super smart, just people skills!

I digress...
This employee basically was angry at the situation and called up ATF who had been in our store less than a year ago for some rockets they had found that did not conform to a class C store for fireworks. He pointed out that more of these rockets were brought in since that incident. Now they will be paying us a visit.

I am the manager. I do not buy anything, check out anything, or put anything on the shelves. I do sometimes pick up and drop off stuff, and I know that these said rockets were in some of this transportation I did.

If/When ATF comes to the door, am I in any serious trouble?
Last time they just went after the owner. I didn't know what we had, but now that I do, am I liable for a fine/punishment?
Since I know where she got the stuff from, where it's at, etc. am I in trouble for her buying things?

I thought about writing her a letter basically stating that I will not be setting foot in the store until she gets rid of all questionable items, but does that excuse me at all? I asked her not to buy more, but does that excuse me at all?

I enjoy working there! It's a lotta fun helping customers buy for their shows etc. and the employees other than this one that we fired are all there to have fun and make a buck so it's a great atmosphere. But this has me really second guessing the whole thing.

All in all, it pays for my kid's private school, which to me is extremely important. I could certainly find other things to help pay for it, but this is fun.

Any and all advice is welcome. To be honest, I'm a little scared to go to the store until this has blown over... except that the fourth is right around the corner!!!

-Lee AKA Speedling

 

[MikeyL]

Lee ... I feel for you.
I am not a lawyer ......... But, IMHO, it appears you are GUILTY BY ASSOCIATION.
You were/are there. You sell the improper items. I feel "they" are going to feel that you A) KNEW B) SHOULD KNOW C) DO KNOW that you have "illegal" items and yet still, you are there helping to purvey (sell) them. Done.
And you then are in a real pickle.

IF you know ATF is coming ............ I would not step into the store until the items are gone.
My 2 cents. And I know how difficult this must be for you.
Wishing you the very Best here !

Mikey Lulejian - Lake Oconee, GA

 

[bronze_10]

they normally like to go after the pocketts.. I e the owner or try to shut the place down until they can prove that the store is legal which can be a real pain... the thing is they have hearsay.. if you don't have any in the store then there is no smoking gun... I'm not sure if you guys keep records where they can look and see if you purchased this stuff after they came.. if so then that maybe an issue. Just make sure you have none of the items now and if there are records say they were part of a big order and you didn't realize it untill after the delevery. Also tell them because of that you have informed the store you will no longer do business with the supplier untill they are legal... be nice and polite without saying... "HELL YEAH I BOUGHT MORE.. HA BUT U CAN'T FIND EM NOW CAN YA!" They may even be more interested in the other supplier.... you can be truthful with out being overly so... lol

 

[Speedling]

I know mikey! And this is one of those thongs where I always put in my head that the owner would get in trouble because I sure as heck didn't want/buy the stuff but I didn't report her myself.

So I am thinking I write her a letter stating my position of not stepping foot into the store until the gray area/somewhat illegal stuff is gone! No need to put myself and indirectly my family into the line of trouble.

 

[Speedling]

@bronze_10
the only problem is that she did this last time. That was not quite a year ago. When she came back from a very rainy day last month after disposing of her rockets outside and was completely soaked, I got her to agree no more. She then bought more but mostly keeps it in her car, not in the store, mostly just to appease me. She is like a kidm a 68 year old kid with a thing for fireworks.

I was not in the store yesterday due to celebrating my wifes birthday so I don't know what she did with things. Ignorance may be good here I guess. Last year they went straight to her as the owner. This time around the employee may have stretched things to include us all as employees cuz he is mad at us all.

 

[bronze_10]

If you can show to the investigators you noticed a problem and took steps on your own to fix it long before they arrive it goes a looong way.... good luck.. I think you will be fine in the long run.. I am sure the atf has larger fish to fry...

 

[bronze_10]

@bronze_10
the only problem is that she did this last time. That was not quite a year ago. When she came back from a very rainy day last month after disposing of her rockets outside and was completely soaked, I got her to agree no more. She then bought more but mostly keeps it in her car, not in the store, mostly just to appease me. She is like a kidm a 68 year old kid with a thing for fireworks.

I was not in the store yesterday due to celebrating my wifes birthday so I don't know what she did with things. Ignorance may be good here I guess. Last year they went straight to her as the owner. This time around the employee may have stretched things to include us all as employees cuz he is mad at us all.

Still they have to prove you willingly and purposely tried to violate the law.. an accident means you are still liable but it doesn't show intent. Now the owner... that's gonna be on her head. Just be straight now and see what happens.. has the atf contacted you to say they were coming?

 

[Speedling]

@bronze_10
No, the ATF hasn't said they were coming. I am the only one that stuck up in the least for the employee that got fired. Don't get me wrong, he needed to get fired. He did well the first few months, but this last month he just deteriorated quickly. Anyways, he let me know he was goign to the ATF and sent me his pictures of evidence and told me that he was basically spelling everything out to them of hiding spots etc. that the owner keeps her stupid stuff. Even told me they are getting warrants for stuff.

Just sent her the email stating I won't be in today, and won't be in until all product of that nature is removed and ATF has gone through and done their thing.
I can't work or live under the stress of her buying that junk. It's like 10% of sales if even that, so I really don't understand why to risk it.

 

[bronze_10]

Yeah.. it might be a bluff. It might not.. if this were October it would be more of a bluff.... but with the 4th right around the corner I am sure they are focusing more on those stores..

 

[ToddW850]

I've never investigated in issue such as this and I don't work for ATF. That's a Federal Agency and they do things a little differnt. But my thinking is there could be 2 things on their agenda. They are either just going to come in for an inspection and check for the illegal items, or they are going to try and build a case. If they try to build a case, then they will find out exactly who does the ordering and what not. That's their "big fish" and who they want. As far as you being the manager there, it certainly brings you into the mix. A lot is going to depend on how involved you were. If you have any documentation (like emails and such) where you tell the owner you disapprove, then that would certainly help. Another factor will be the goal of the ATF Agent. Is his agenda to make an example? Or just follow up. Let us know and good luck.

 

[Bruce]

Perhaps it is a good time for that vacation in Bimini?

 

[MOA_Chaser]

The Bahamas have extradition.

 

[DonWon]

The fact that you sent her an email already is very important. Also, if you are an hourly employee, there will be proof that you stayed away from the store because you disapproved of her biz practices. If anything they might ask you some questions, but i think that they will be going after her solely. The store might even get shut down...you might want to consider looking for new employment.

 

[Bruce]

The Bahamas have extradition.

I was not thinking that he needs to hide, only that it could be a good time for a vacation.

 

[Speedling]

Just side money. About 8k a year but fun employment. Kills boating but funds kids school

 

[itsdgm]

Why do you believe the fired employee when he says that the ATF is getting warrants as we speak? How the hell would he know what the ATF is doing? Just because he reports something (I'd doubt that he even has the phone number) doesn't mean that he's now working for them on an investigation. Sounds like he's just as guilty for selling them too, right?

Anyway, sounds like it's well documented exactly what you guys were selling. All you can do is clean it up from here and move on. Best of luck.

 

[Zarrella]

Yeah....You are going to prison!!....Just kidding!
I'm sure you have nothing to worry about unless you were the one ordering the illegal materials.

 

[Eurocat]

I would have to agree with @ToddW850. it will depend largely on want their objective is and the nature of the infraction. There is a large difference from non-conforming to completely illegal and dangerous.
I am not sure I would plead ignorance if you have a management title. Ignorance is never an excuse. Think of it as running a red light without a license and thus claiming you didn't know. All you will achieve is to aggravate the situation. To show that you have taken steps to remediate the situation will be the best course of action at this point if in reality there will be some inspection/investigation.

Good luck.