SAN MATEO, Calif. – A recent ruling by a California judge has sparked attention and debate after siding with a Safeway employee terminated for intervening in a shoplifting incident. Antoinette Baez, a longtime employee at a Safeway in San Mateo, faced termination last year after attempting to thwart a suspected shoplifter.
The Incident: A Closer Look
On February 2, 2023, while concluding her shift as a cashier manager, Baez noticed a customer acting suspiciously in the self-checkout area. Despite offering assistance, the customer declined. Later, Baez spotted the same individual attempting to exit the store without paying. Alerting supervisor David Arevalos, Baez confronted the woman, leading to a confrontation captured on surveillance footage.
Company Policy and Employee Actions
Safeway’s policy prohibits employees from directly engaging with suspected shoplifters. Baez carefully adhered to this policy by not pursuing or touching the alleged thief. However, the situation escalated when the suspect turned physically aggressive, prompting Arevalos to intervene.
Termination and Legal Battle
Despite reporting the incident and facing no immediate disciplinary action, both Baez and Arevalos found themselves in hot water weeks later. Baez was suspended and later terminated, while Arevalos was fired for making contact with the suspect. The company cited misconduct, leaving Baez ineligible for unemployment benefits.
Legal Victory and Ongoing Struggle
Baez fought back, filing a claim with the state Employee Development Department. After a lengthy legal battle, a judge ruled in her favor, acknowledging no misconduct on her part. However, she awaits compensation and an apology from Safeway.
Attorney’s Perspective and Future Steps
Baez’s attorney, Neil Eisenberg, plans to pursue a lawsuit against Safeway for wrongful termination, seeking $1 million in punitive damages. He criticizes Safeway’s policies, accusing the company of prioritizing shoplifters over its employees and customers.
Seeking Justice and Reform
The case of Antoinette Baez sheds light on the complex dynamics between retail employees, company policies, and the pursuit of justice. As Baez continues her fight for compensation and accountability, questions arise about the responsibilities of corporations in ensuring the safety and well-being of their employees.
Safeway’s response to these allegations remains awaited, leaving the outcome of this legal battle uncertain.
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