Stricken Colorado widow, 75, sues gas station Circle K for FIRING her after she tried to stop knifeman from stealing cigarettes by pushing him away with her hands

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

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

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

Surveillance footage from the terrifying experience shows Wimmer speaking to Moreno briefly before bounding behind the counter where she stood.

75-year-old Colorado widow, Mary Ann Moreno, is suing Circle K Inc claiming she was wrongfully terminated after trying to stop a knifeman from stealing cigarettes

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

As he attempts to grab the cigarettes Moreno can be seen grabbing his arm before backing away.

Moreno told FOX 31 that he’d asked her to give him a free pack, but when she refused at the risk of being fired, he intimidated the then 72-year-old who said she was defending herself.

‘When he came around that fast, he was like right there and I freaked out, you know?’ she said.

‘I just went like that, I guess I grabbed his arm. I don’t remember that, but I push him, and that’s when he ran out.’

The 75-year-old clerk was devastated that after the ordeal she handed a termination letter from Circle K and was fired a few days later for violating their ‘Don’t Chase or Confront Policy’ she told the outlet.

‘I really do not think I would get fired for something like that. If I had chased him out the door or, you know, argued with him,’ she said.

As Wimmer walked out of the store, Moreno immediately called the store manager and then 911 and stressed that she didn’t follow him or run after him

‘I don’t feel that I violated the policy. When they’re coming around, it’s natural that you’re going to have to you know, either defend yourself or you’re going to react,’ she said.

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

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

As he attempts to grab the cigarettes Moreno can be seen grabbing his arm before backing away

Moreno’s attorney Iris Halpern, who filed the wrongful termination lawsuit on her client’s behalf said Circle K aren’t ‘distinguishing between self-defense and chasing.

‘I think anyone who looks at the video footage from that evening is going to see that this is just someone responding kind of in, you know, instinctually in self-defense,’ said Halpern.

‘Employers should be more appreciative of the danger that their employees face on a day-to-day basis in these retail jobs.’

Circle K told the outlet it won’t comment on pending litigation, but its employee handbook says its shoplifter/robber policy ‘is for your protection and for the safety of everyone.’

Halpern said terminating an 18-year employee for a human reaction and when Moreno made no real effort to stop Wimmer or chase him, is simply wrong.

‘Companies have not sufficiently thought through the nuance in these situations, and any normal person is going to respond by pushing an attacker away from them,’ Halpern said.

Moreno said that she was ‘really upset’ about being fired after 18 years of service with the company and shocked by the decision.

‘When they needed help, if somebody called in (sick), I was the first person they called,’ she said.

‘I did things that they didn’t even ask me to do. I washed windows, I shoveled snow, I cleaned their pumps. Mopped floors, cleaned bathrooms, took merchandise off the shelving, dusted, cleaned cans, checked for expiration. I did it all.’

A customer who had witnessed the incident at the time told FOX 31 that the termination was ‘wrong.’

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

‘That’s just human nature. You’re just protecting yourself. And to say that you can’t put your hands on somebody in that situation is just, I think they need to reevaluate their policy. If you care about your employees,’ said Larry Wagner.

Moreno has since found a new job but said she’s suing, because ‘I want to prove that it was wrong for them to fire me for what happened.’

Police caught Wimmer after a short chase on foot. He pleaded guilty to robbery and a pair of unrelated cases and received three years in Community Corrections. He’s due to be released in a year.

DailyMail.com has contacted Circle K and Moreno for comment.

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