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Retail Thefts and De-escalating Customer Conflicts, EVR Reminder

September 26, 2024

Retail Theft & Shop Safeguard: De-escalating Customer Conflicts

A business establishment that invites the public to patronize their location will eventually encounter individuals who are rude, antagonistic, violent, and altogether unwelcome.  And for retailers, the longer you’ve been in business and the higher your foot traffic, the more likely you are to run across such “customers” in your shop.

This week, NJGCA participated in an informational seminar hosted by the National Association of Convenience Stores (NACS) that touched on these types of engagements and how to resolve them.  The presentation was eye-opening, with presenters recounting their own experiences in getting robbed, breaking up fights among patrons, or having verbal altercations with “unhinged” customers over trivial issues.  It was certainly educational.

Though the focus was national, it did hit close to home.  In fact, last week we offered up an article in last week’s Road Warrior that cited a new law aimed at cracking down on in-state organized retail thefts (with special attention placed on incidents that turn violent). So the seminar was certainly timely. 

Before diving into the details, and as a preliminary matter, it should be noted that retailers typically cannot restrict the public from patronizing their shop. If a retailer is open to the public, any restriction (or ejection) will likely hinge on the subsequent behavior of the patron themselves upon entering your location.

That said, an owner or employee must still navigate the customerโ€™s behavior (and possibly illegal activity) as it unfolds in real time.  All of which requires preparation and training.

All successful de-escalation strategies begin with discipline, consistency, and a bit of intuition.  That is to say that the first few moments after a customer โ€œdisputeโ€ starts will determine how it will end.

Please note that employees should undergo training that works for your location.  However, whatever your personal shop policy, a few highlights might include some of the following guidelines.

1 โ€“ Safety first. Any devised plan must prioritize the safety of your employees and patrons above the physical premises or the desire to โ€œwin the argumentโ€ against the offending customer (or, alternatively, a theft looking to steal from your shop).  Inventory can be replaced, and claims submitted to insurance carriers; but the physical well-being of your staff and customers is a paramount priority.  

2 โ€“ Plan ahead & train employees.  Your own direct involvement aside, you cannot be on call at your shop 24 hours a day.  At some point, you will need to depend on your employees to mind your location or speak with customers.  For that reason, it is important to have a plan or a strategy in place if a customer should become confrontational or violent; or a consumer is actually there to steal from you.  Every employee should be aware of your expectations; and as new employees join your shop, they should be trained on what to do. For example, if a situation is not dangerous (i.e. there is no threat of physical violence), what is an effective way for the employee to respond to the situation?  Playing out scenarios for them will offer a framework to draw from if the actual situation should arise in real time. 

3 โ€“ Don’t put off the “talk” and training.  Talking about this subject is uncomfortable.  Ordinarily, we try to avoid the “tough” talk and put them off to avoid feeling awkward.  The same can hold true of work and professional situations. This is an important area of discussion.  Don’t put off having this conversation with your employees. Aside from making them aware of your internal policy, make any expectations (and limitations) known.  For example, if someone should steal something from a shelf, an employee’s first instinct might be to step in and try to stop the theft.  However, this might lead to an escalation or potential bodily harm. Do you want anyone (other than you, as the owner) to take such an action?  Vocalizing your expectations will give a clear signal on what to do. 

4 โ€“ Do not get confrontational. If a customer becomes irate, angry, belligerent, or irrational, it is very likely that any attempt to respond in-kind will only escalate the situation and create unforeseen consequences. That can manifest itself in surprising ways.  Perhaps the customer gets worked up and beats an employee, screams at other patrons, or starts ransacking your shop.  Speaking to the individual calmly and agreeably will likely sooth any tensions and end with the patron eventually leaving the premises or backing down altogether.  If there is not a verbal confrontation, but the “customer” is actually intent on stealing from your shop, the need to avoid confrontation or escalate the situation becomes even more important.  

5 โ€“ Listen to the patron (if possible). When an incident occurs, if circumstances permit, make that person your sole focus. Though you (or your employee) may feel differently about the situation, try not to be judgmental. Consider their point of view but stick to the facts at hand. Remember, the point here is to stop things from boiling over โ€“ the “rights” and “wrongs” can get sorted out afterward.  Lastly, always allow for silence โ€“ which can be a powerful tool.  People seemingly have a need to fill in the “blank spaces” with chatter.  When you (or your employee) are quiet, they allow the customer to de-escalate the situation themselves; making your job easier and potentially avoiding violence. 

6 โ€“ Communicate with the community. If your business is located in an area that is especially plagued by theft or “eccentric” patrons, then it may behoove you to speak with the police and local community leaders. Doing so will not only help you to identify possible challenges and obstacles, but better help you engage with your neighbors (who might “know something” or have “seen something” if a situation gets out of hand). Being sincere and up front with the community and your patrons will build trust and a rapport. Ultimately, any open exchange of information can only help make things safer for residents and your business. 

7 โ€“ Keep your cool. When a customer “confronts you” about something, our natural reaction is to feel challenged and defensive.  For example, perhaps a customer is telling you that they were unhappy with the cleanliness/appearance of your bathroom.  Alternatively, perhaps a customer is getting loud and abusive with another patron over taking the “last” of an item from a shelf.  No matter the actual circumstances, as the shop owner/operator, you cannot afford to lose your cool, even if the patron becomes unhinged. 

8 โ€“ Words matter. Sometimes a situation is not “active” but has the potential to become problematic. For example, perhaps someone is loitering in front of your shop, annoying customers as they enter/exit your location.  In such a situation, things are not “hot” but can become heated if you angrily confront the would-be-patron. In these situations, you should choose your words carefully.  Stating things in an open-ended fashion is often helpful (“You’re welcome to stay here for the next fifteen minutes, but once I come back out to sweep, you’ll have to leave so I can clean up in front of the sidewalk”). 

9 โ€“ Candid camera. Video cameras (or other recording devices) can be a very useful tool to capture an incident and offer clarity if things become litigious.  If you don’t have cameras in your shop or outside your location, you should seriously consider making the investment.  However, there are often legal issues that arise after the fact.  For example, a patron may state that they didn’t know they were on camera and did not consent to being recorded.  To avoid such a scenario, speak to your legal counsel and consider posting signs outside/inside stating that there are audio/video recordings on the premises.  This is especially helpful if such signs are placed at the front door or other entrance-ways.  If someone should object afterward, you can point to the signs to give them proper notice. What’s more, stating that your location is under surveillance may also act as a deterrent and keep customers on their best behavior. 

Things have a way of escalating quickly. When that happens, it’s always up to the owner and employees to manage the situation in the best way possible.

Have you tried any of these tactics before?  Have you experienced a situation where a customer conflict escalated well beyond the perceived issue?

Let us know and we’ll anonymously share your experience with other members. 

Reminder for Stations: EVR Deadline Less Than THREE Months Away

For two years, the Association has reported on the NJ Department of Environmental Protectionโ€™s (DEP) Enhanced Vapor Recovery (EVR) upgrade mandate. 

Looking back at those earlier warnings, the EVR upgrades affect all locations with underground storage tanks (USTs) installed prior to December 23, 2017 and the upgrades must be completed before the December 23, 2024 deadline.

We may sound like a broken record, but we will continue to urgently point out this deadline until all our members meet the mandate. While sounding the alarm the last twenty or so months could have been interpreted as โ€œprematureโ€, the reality is that securing a contractor and having the required work completed on time could prove difficult for some station owners.

Thatโ€™s because getting a quote and signing a contract doesnโ€™t necessarily mean that the work will be done quickly or be done on time. The update will include a California Air Resources Board (CARB) Certified Phase 1 system, and includes enhanced rotatable fill adapters, dust caps, spill buckets, hoses, and other requirements. There are plenty of manhours and parts incorporated into the equation. If one action item goes awry, you may face fines or penalties for non-compliance.

With only three months to go, we are hearing from members that they are having difficulty finding contractors to complete the work by the deadline.  If you have not made the necessary EVR updates, you must act now!

Any station with tanks installed before December 23, 2017, should contact their compliance vendor to inquire about the updates and schedule their completion immediately. 

If your contractor or compliance company has any questions, PLEASE CLICK HERE to review the official DEP Compliance Advisory on the EVR mandate.

Contact Nick@njgca.org 732-256-9646 for questions

Rack Averages

Date Rack Avg Avg w Taxes Low Rack
09/19 205.82 $2.6652 196.81
09/20 203.75 $2.6445 193.52
09/23 199.77 $2.6047 190.55
09/24 203.27 $2.6397 194.19
09/25 200.68 $2.6138 190.83
Date Avg Retail Avg Margin Diesel Rack Avg
09/19 $3.08 0.45 219.03
09/20 $3.07 0.41 217.92
09/23 $3.06 0.41 216.45
09/24 $3.05 0.45 219.84
09/25 $3.04 0.40 217.92

News Worth Knowing:

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Available Real Estate

Cape Harbor Shell

**Price Reduction**

795 Route 109, Unit B, Lower Township, NJ, 08204

Contact: Jerry 609-425-8837 capeharborshell@comcast.net 

Click HERE to view listing

Station for Sale

Thriving High Profit Gas/Service Station close to Major Highway in Prime Location. 

This Exclusive Gas Station is the Sole Provider in the entire town, achieving a remarkable fuel profit of up to and sometimes over 1$ a gallon. Consistently selling 45,000 gallons monthly. Most fuel customers come from Highway so fuel prices do not have to be competitive. 

Also included with the Property is a Reputable High End Auto Repair Facility. Repair shop has all required Specialty and Diagnostic Tools for servicing mostly High End Vehicles. Advertising is no longer used do to an enormous Demand and large Customer Base. Repair Business has has potential for increased profitability and expansion, the business is open to experienced buyers for a possible partnership or profit sharing arrangement. Location is 1 out of 100. Fuel sales make 20-40K a month and repairs can do the same with the right operator. 

This one of a kind opportunity can include seller financing for those with High-Level Automotive or Gas Station Experience.

Contact Greg
908-291-7845

Our Road Warrior newsletter is brought to you by the following Member Benefit Partners:

New Jersey 
Gasoline-Convenience-Automotive Association
615 Hope Road, Bldg. 2, 1st Floor
Eatontown, New Jersey 07724

 

Phone: 732-256-9646
eMail: info@njgca.org


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