Colorado widow sues, 75, gas station Circle K for FIRING her for standing up to knifeman

A 75-year-old Colorado widow is suing Circle K Inc, claiming she was wrongfully fired after trying to stop a knife from stealing cigarettes.

Mary Ann Moreno had worked at the convenience store in Westminster for 18 years when she was fired for briefly touching the criminal as he attempted to rob the store.

Tyler Wimmer, who has a long rap sheet, walked into Circle K on October 4, 2020 with a knife in one hand and a sealed package containing a second knife in the other.

Surveillance footage of the terrifying experience shows Wimmer speaking briefly to Moreno before bounding behind the counter where she was standing.

Moreno had worked at the convenience store in Westminster for 18 years when she was fired for briefly touching the criminal as he tried to rob the store.

As he tries to reach for the cigarettes, Moreno can be seen grabbing his arm before stepping back.

Moreno said FOX 31 that he had asked her to give him a free pack, but when she refused at the risk of being fired, he bullied the 72-year-old who said she was fighting back.

“When he came that fast, he was like there and I freaked out, you know?” she says.

“I just went like that, I guess I grabbed his arm. I don’t remember, but I pushed him, and that’s where he ran away.

The 75-year-old employee was devastated that after the ordeal she handed in a termination letter from Circle K and was fired a few days later for violating their ‘Do Not Chase or Confront’ policy, it said. she said at the point of sale.

“I really don’t think I would be fired for something like that. If I chased him out the door or, you know, argued with him,” she said.

As Wimmer exited the store, Moreno immediately called the store manager and then 911 and pointed out that she had not followed him or chased after him.

“I don’t feel like I violated the policy. When they come, it’s only natural that you have to know, either defend yourself or you’re going to react,” she said.

Tyler Wimmer, who has a long rap sheet, walked into Circle K on October 4, 2020 with a knife in one hand and a sealed package containing a second knife in the other.

Surveillance footage of the terrifying experience shows Wimmer speaking briefly to Moreno before bounding behind the counter where she is standing

As he tries to reach for the cigarettes, Moreno can be seen grabbing his arm before stepping back

Moreno’s attorney, Iris Halpern, who filed the wrongful dismissal lawsuit on her client’s behalf, said Circle K did not distinguish between self-defense and prosecution.

“I think anyone watching the video footage from that night is going to see that it’s just someone responding in some way, you know, instinctively in self-defense,” Halpern said.

“Employers should be more aware of the danger their employees face every day in these retail jobs.”

Circle K told the outlet it won’t comment on pending litigation, but its employee handbook says its shoplifting/thief policy “is for your protection and for the safety of all”.

Halpern said firing an 18-year-old employee for a human reaction and Moreno making no real effort to arrest or prosecute Wimmer is simply wrong.

“Companies haven’t given enough thought to the nuance of these situations, and any normal person is going to react by pushing an attacker away from them,” Halpern said.

Moreno said she was “really upset” to be fired after 18 years with the company and shocked by the decision.

“When they needed help, if someone called (sick), I was the first person they called,” she said.

“I did things they didn’t even ask me to do. I washed the windows, I shoveled the snow, I cleaned their pumps. Mopping floors, cleaning bathrooms, removing goods from shelves, dusting, cleaning cans, checking expiration dates. I did everything.

A customer who witnessed the incident at the time told FOX 31 that the termination was “incorrect.”

A client who witnessed the incident at the time, Larry Wagner, said the termination was ‘wrong’

‘It’s just human nature. You are just protecting yourself. And to say you can’t get your hands on someone in that situation is fair, I think they need to re-evaluate their policy. If you care about your employees,” Larry Wagner said.

Moreno has since found a new job, but said she is continuing because “I want to prove that they were wrong to fire me for what happened.”

Police caught Wimmer after a short foot chase. He pleaded guilty to theft and two unrelated matters and was sentenced to three years of community correction. He should be released in a year.

DailyMail.com has reached out to Circle K and Moreno for comment.