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Case Analysis: Smith v. Store

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Please identify the legal issue and applicable rule and facts to the attached case.

Smith v. Store

Smith was a part-time checker for a store. During one particular sale, she and a customer, had a disagreement about the "sale" price of a particular item; the customer left her merchandise at the counter and went to check the listed price on the shelf. While waiting for the customer to return, Smith voided out that sale and put the merchandise aside in order to continue helping the other customers in line. When the customer returned, she accused Smith of taking $10.00 that she had left on the counter with her merchandise. Smith denied even seeing the money. The store manager searched Smith's coat pockets and did not find any money. He then balanced her cash drawer, and it balanced perfectly. The customer was still convinced that Smith had taken her money and continued to cause a loud scene. The store manager asked a female employee to accompany Smith to the washroom in order to strip searches her for the money. Smith was asked to strip down to her briefs, and there was no sign of any money. The customer claimed that she had $500-600 dollars in her purse; she wouldn't count it out, but she maintained her belief that Smith had stolen her money. Smith quit her job soon after this incident and filed charges based on invasion of privacy against the store.

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A case analysis for Smith versus Store is examined.

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Smith v. Store

Smith was a part-time checker for a store. During one particular sale, she and a customer, had a disagreement about the "sale" price of a particular item; the customer left her merchandise at the counter and went to check the listed price on the shelf. While waiting for the customer to return, Smith voided out that sale and put the merchandise aside in order to continue helping the other customers in line. When the customer returned, she accused Smith of taking $10.00 that she had left on the counter with her merchandise. Smith denied even seeing the money. The store manager searched Smith's coat pockets and did not find any money. He then balanced her cash drawer, and it balanced perfectly. The customer was still convinced that Smith had taken her money and continued to cause a loud scene. The ...

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