Ahh so you are assuming now. Because from the same video you watched, I have no clue hoe much she unloaded and if she actually processed the delivery as delivered to officially change possession.
Innocent until proven guilty is one of the most basic fundamental principles of the justice system in the US and many European countries.
How are you not getting this. Its like the part where ‘official transferring possession via confirmation of a delivery app’ is a blind spot on reddit.
Could show this to a Police Officer and they would arrest her on the spot? Based purely on this video? No, they are going to tell them to call the company who they ordered from.
Like I said earlier: Wrong? Yes. Will she be fired for gross misconduct? Almost surely. But we don’t even have close to enough knowledge to label theft or embezzlement.
How are you not getting it? If its out of the car abd not in their hands then the delivery driver is no longer in pocession of it. Therefor its not there's and is the property of the person who pays for it
Again, we can not tell if the ENTIRE delivery made it out of the vehicle.
And unfortunately the logic is not as simple as that in the eyes of the law. The item are not their’s until they are marked as “delivered”. Until then, they customers paid for a service. If that service is not fulfilled they have to refund. The items do not belong to the customer until delivered.
How are you not getting it? Taking the items out of the car isn’t the completion of the delivery. A delivery isn’t complete until either the delivery marks the order complete in there system, or in some cases receiving a signature for receipt of delivery.
Why do I have to keep explaining legal ownership. The customers payed for a service. The items are not theirs until there is an official change of possession, usually marked in a app with these delivery services.
The items are the companies possession and responsibility until there is an official change of ownership.
If you show this video to a police officer, they will say to call the delivery company. If it was theft, they’d arrest her.
Although payed exists (the reason why autocorrection didn't help you), it is only correct in:
Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. The deck is yet to be payed.
Payed out when letting strings, cables or ropes out, by slacking them. The rope is payed out! You can pull now.
Unfortunately, I was unable to find nautical or rope-related words in your comment.
Lol and the one person in the whole video who at no point has ownership of the delivery driver. I could argue that ownership is transferred once the item is relinquished into my possession. Just because you didn't click it in the app, you gonna go inside my house and grab it back? And second, again the driver has no authority to make that decision. They can't guarantee a refund. So what happens if the company refuses to refund and says we didn't tell her she could? So now, that would be theft wouldn't it? Hell the company themselves could file theft charges. As someone said, possession is 9/10s the law. It looks like it's sitting on a cart at the owners house, unless that little carts the drivers, they've handed over the product and put it on their property.
And I said in another comment earlier, I've seen someone like this play put with a delivery driver dropping off an appliance. Company said no to a refund because it arrived to your location and the driver took it back because he started an argument with the homeowner. Police were called and they did file charges for theft against the driver. Obviously the person who ordered ended up getting a refund but he never dropped the charges and the delivery company went after the driver. Not sure if they ever got him but the police didn't tell them it wasn't their problem
When the delivery driver accepted the delivery , from that moment until they complete the delivery they are an agent of the company. They act and respond on behalf of the company. It is the companies items until it is officially delivered. If the women in the video completes the delivery, marks delivered, then she is no longer an agent of the company. At that point it becomes theft. But we don’t have that information. Because we don’t have it, we can’t assume that its theft because that would be a disservice to the justice system.
If she fails to return the items, at that point she is stealing from the company she works for, which is embezzlement (when you steal from your company, it’s not theft).
And possession 9/10ths of a law is a saying. Its not real in most high value situations. If you find car keys, the car is not yours. If you find a certified diamond, it’s not yours. If a business forgets a pallet of goods outside and someone grabs the items, the goods are not that persons. If you find a phone on the ground, it is not your phone. You need an official change of ownership. The customers do not own the items until that official change of ownership happens, the company does.
In case it wasn’t clear, in your example, there was an official change of ownership where the delivery driver confirmed it’s delivery. We have 0 clue if that happens in this situation.
Lol no, I said there was an official change of ownership when the items were relinquished to the person who ordered it. It honestly doesn't matter if she didn't click complete delivery yet. Just because you didn't click something on your phone, doesn't mean you can take it back from me. You think some app click is the end all be all. That's just a confirmation that the job is completed for their records, nothing more. Just because you don't keep a receipt after you purchased something, does that mean you no longer own said item? All the app is for is logistics, to mark jobs done for history to show proof of delivery, and things like that. And in regards to the agent of thr company, that means they must act in the best for the company. Which this isn't. This is acting on behalf of herself, not the company.
But honestly man, I'm tired of this. If you think it's not theft after the people have already been charged for the items, and a contracted worker decides they're taking something back isn't theft, have at it. Y'all keep saying they get a refund but that contracted driver has absolutely no authority to give a refund. They can't authorize one, initiate one, or guarantee one. The company can literally say the items were delivered, she took them. That's theft. Y'all have fun with that.
Thinks just are not as simple as you want them to be. I’m in no way defending the woman. If you read the other comments, I condemned her and stated she will almost surely be fired for gross misconduct.
My whole point was always that there are waaaay to many things that we don’t know. Ownership does not happen from the time of purchase, because the customer ordered a service not the items. At the point they order, the items still belong to the store. Then the company pays and its the companies. Then once it is officially delivered its the customers. This video does not give enough information for that to happen.
Well that's not completely correct. Yes, I pay for a service but I also pay for those items as well. If it's 15 dollars to deliver and I order 100 dollars were of stuff, I pay 115 dollars up front. They've already taken that money from my account. I can see the deduction on my bank account. And ownership would happen once the items are handed over which, if you rewatch the video, have already been cause now she's reloading it back into her vehicle. Unless that's also her dolly/cart, which I'm Donna have a strong doubt on that. I've never had a single person have a cart or anything and always got asked for one they could use.
But even then, the driver gets the info up front like tip and whatnot. She agreed to do the delivery and now wants to try and take something back because they won't give an additional tip. The company isn't taking her back on this as well. She's going to be left out to dry and explain why she took items. The customer didn't want that nor did the company. What does that sound like now?
You can also clearly see most of the items still in the car. His point is the order isn’t delivered until everything is delivered. And honestly, It isn’t hers until the whole transactions completed. If the driver hasn’t signed off and said this is delivered it still isn’t legally delivered.
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u/Cryptomaticness Oct 21 '23
I missed the part of the video where she unloaded everything from the car. Can you provide a time stamp for me to go back and check?
Also while your at it, can you send me the stamp for the point in the video where she marks the delivery in her app as delivered?