According to the complaint filed on 16/7, the dispute began when Israel Xicohtencatl mistakenly took and ate a coworker's lunch bag on 28/5. After realizing his mistake, he immediately identified the owner, apologized, and offered to buy a replacement.
Despite this, Xicohtencatl was immediately fired by Citarella Gourmet Market's head of security and received a termination letter the next day.
The 42-year-old production manager "felt extremely embarrassed and humiliated, especially since the dismissal was witnessed by colleagues and spread throughout the workplace, damaging his professional reputation and standing in the community," the lawsuit states.
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Citarella Gourmet Market is a renowned upscale food store in New York, which opened in 1912 in Manhattan and has a chain of stores in various locations. Photo: Creative Commons |
Citarella Gourmet Market is a renowned upscale food store in New York, which opened in 1912 in Manhattan and has a chain of stores in various locations. Photo: Creative Commons
Xicohtencatl claims he is not the first Citarella employee fired for such a minor infraction. He alleges at least one other colleague with a similar tenure was dismissed for drinking another employee's soda.
The complaint argues this is part of a "systematic campaign to terminate employees who have worked for the company for over 20 years, using minor violations as an excuse." Xicohtencatl, who earned 25 USD per hour, accuses Citarella of trying to reduce labor costs by eliminating senior employees with higher salaries and benefits.
The lawsuit calls the dismissal "grossly disproportionate" and asserts that younger employees "with similar or more serious offenses would not be immediately terminated."
Following his "abrupt and unreasonable termination," Xicohtencatl says he experienced emotional distress and has been unable to find new employment, leading to financial instability.
He is suing Citarella for age discrimination under New York State and New York City Human Rights Law. He seeks reinstatement, back pay, lost bonuses and benefits, compensation for emotional distress, and legal fees.
Citarella has three weeks to respond to the complaint.
Xicohtencatl's case recalls a 2017 incident where a German daycare worker was fired without notice for eating a coworker's 3 USD chocolate bar. The 64-year-old woman, who had worked at the facility for over 30 years, sued, arguing she should have received a warning and had replaced the chocolate. After a lengthy legal battle, a judge ordered her reinstatement.
Tue Anh (Independent)
