Gee, Leslie, that’s a tough one. It sounds like you did what you are
supposed to by having her initial your take-in logbook. Beyond that
I don’t know what else you could have done. If you had photos she
would still be able to say that you photoshopped out the two other
stones and any other steps you might have taken could likewise be
called into question by someone who is that determined.
You might try to talk to her again and find out what she would like
for you to do. Sometimes people will make claims like that because
they want something unreasonable, and figure you will do anything to
get them to drop the charges. Sometimes they are actually being
honest about it, forgetting what exactly they did and said. In either
case, if she insists that you stole her stones and the only thing
that will make her happy is for you to give them back, well, I guess
you may have to go to court. But it might be much less expensive (and
easier on your head) to just buy her some opals. If you do end up in
court, the judge will almost certainly ask what you tried to do to
make it right, and the more you can say you offered, the better off
you will be.
Don’t worry about giving the appearance of admitting guilt by
offering to buy her new opals. In her opinion you are already guilty,
unless she is scamming you. Either way she will still say you’re
guilty, and nothing you can do or say will change it. The only way it
changes is if she finds the stones in a drawer somewhere and
apologizes profusely, but I wouldn’t count on that. In a court of law
however, the appearance of a business person doing everything they
can to satisfy an unhappy customer will carry more weight than the
appearance of guilt you might get by trying to make her happy. If it
goes badly and you end up in court, you can look the judge in the eye
and say you can’t return what you did not take, but you honestly did
everything you could to make this unreasonable customer happy, and
did your best to live up to the “customer is always right” way of
doing business.
If there is any way you can, avoid going to court. Courts have a
tendency to side with the consumer, so you face an uphill battle if
you end up going that route. Do a search on Ganoksin for the Fred
Ward emerald case to see how this kind of thing can go before you
decide to fight.
Whatever happens from here, DO NOT go to court without an attorney.
Even in a small-claims court where there is no requirement, you must
have legal representation. The burden of proof should be on her, but
it takes a lawyer to make sure that’s the way it goes. The legal
profession is still a bit of a “good-old-boy’s network” and the judge
is a lawyer (non-gender specific). Many judges subscribe to the old
adage that someone that acts as their own attorney has a fool for a
client, even in small-claims court.
As to your reputation, the charge has been made, and there isn’t
much you can do about it now. It’s the seriousness of the charge
that’s important, not the accuracy, ask any politician. Any action
you take could look defensive and might look worse than doing
nothing. It’s like the old "have you stopped beating your wife yet"
scenario. Just get it over with as quickly as possible. On the other
hand if this woman has a history of “slip and fall” lawsuits, people
will see it for what it is and not hold you responsible. Just keep on
doing what you do. In the end, that’s all you can do. In time, this
too shall pass.
Please don’t give up on making jewelry. The vast, vast majority of
people are wonderful to work with. Don’t let one crazy person make
you stop being creative. Just remember in the future that “Crazy
Costs Extra”.
I feel for you Leslie, and wish you the best.
Dave