Cashier defended herself against man robbing store, then was fired, Colorado suit says

A 72-year-old cashier was fired from Circle K after she defended herself against a man who was armed with a knife and robbing the store, according to a lawsuit filed in Colorado.

The company wrongfully terminated her after she exercised her “right to self-defense,” according to the lawsuit.

Circle K, a convenience store and gas station chain, did not respond to a request for comment.

Mary Ann Moreno was working alone at the Circle K Sheridan in Westminster, Colorado, on the night of Oct. 4, 2020, according to the lawsuit.

A man walked in carrying two large hunting knives at around 7 p.m., according to the lawsuit. He “demanded” a pack of cigarettes, and when she tried to ring them up, he told her to give them to him “for free,” the lawsuit says.

She said that she couldn’t give him the cigarettes for free, and he became “visibly upset,” the lawsuit says. He then walked to the area behind the counter where Moreno was standing and approached a display case of tobacco products, according to the lawsuit.

He reached out for a pack of cigarettes and Moreno “instinctively” put her hands up to “protect herself and prevent the man from coming closer toward her and the merchandise,” the lawsuit says.

Surveillance video from the store shows her touch the man’s arm with both hands as she says, “Don’t come back here.”

A records clerk at the Westminster Police Department confirmed that the man was accused of having a knife that night. He was arrested and charged with multiple felonies, including aggravated robbery and menacing with a deadly weapon, the lawsuit says.

After the man left the store and police arrived, Moreno was “incredibly distraught” while talking to officers, the lawsuit says.

A supervisor who arrived at the store later that evening became “upset” with Moreno and said that she would need to be investigated for pushing the man away, the lawsuit says.

Two days later, the supervisor terminated her employment, the lawsuit says.

Iris Halpern, who is representing Moreno, told McClatchy News that Moreno feared for her safety during the robbery and shouldn’t have been penalized for her reaction.

“Companies should value the lives of their employees more and understand that in a physically dangerous situation, an employee has the right to defend themselves if they’re afraid of being attacked,” she said.

Losing her job at Circle K has negatively impacted Moreno’s life, according to the lawsuit.

Moreno worked at the store for around 16 years, and it was more than just a job to her, Halpern said. Moreno was not available for an interview.

“The thing that has bothers her most is losing her job,” she said. “She was extremely loyal and loved her customers.”

Moreno’s husband died years ago, and for her, working has been a social outlet, Halpern said.

“It was her way of interacting and socializing with the world,” she said.

Though she has since found another job as a cashier, she still fears for her job security, “panics” while working, and worries she might be terminated at any time, the lawsuit says. She’s also earning less and has fewer benefits in her new role than she did at Circle K, according to the lawsuit.

The lawsuit seeks damages for Moreno’s emotional pain and suffering, inconvenience, mental anguish and loss of enjoyment of life, according to the lawsuit. It also seeks economic damages and attorney’s fees in an amount to be determined.

Halpern said she hopes that this lawsuit will encourage companies to change their policies around how employees should handle potentially dangerous situations on the job.

“I think there has to be more nuance in these policies across the industry that penalize employees for engaging with their would-be assailants,” she said. “Employees have the right to self-defense. They have victim’s rights. That doesn’t change when they’re in the workplace.”

Westminster is about 10 miles north of Denver.

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