Don't Take that Potato Chip -- A Woman is Fired for Stealing a Bag of Potato Chips
Walgreens fired an employee of 18 years for stealing a bag of potato chips. Walgreens claims that it has a zero tolerance policy of employee theft. The EEOC has sued Walgreens claiming that by doing so, Walgreens violated the American with Disabilities Act because the employee was a diabetic. The complete story is republished below but you can also find it here (http://www.sfexaminer.com/local/peninsula/2011/09/diabetic-cashier-sues-walgreens-south-city-firing-over-bag-chips)
I think that Walgreens' zero policy is especially rough when you consider the concept of lossage in the retail space has been around for such a long time. Then you take into account that this employee worked at your company for 18 years. Their policy has to include some form of extenuating circumstances.
On the other side of the coin, I can not condone employee theft because you could argue that a $1.39 is insignificant but what about a $30 self blood pressure machine or how about something for $200? It is hard to go down this path before you reach the slippy slope.
I think that the real problem here is that the Walgreens' corporate bureaucracy messed up by not including some basis in common decency. While zero tolerance sounds great in a policy, it rarely works in practice when dealing with people's lives.
Diabetic cashier sues Walgreens for South City firing over bag of chips
By: Ari Burack | 09/11/11 6:28 PM
Examiner Staff Writer
The U.S. Equal Employment Opportunity Commission sued Walgreen Co. in federal court in San Francisco on Thursday, accusing the company of violating a diabetic cashier’s civil rights under the Americans With Disabilities Act. (AP file photo)
A diabetic cashier was wrongly fired from her job at a South San Francisco Walgreens store after grabbing a bag of chips to stave off a hypoglycemic attack, federal authorities have alleged.
The U.S. Equal Employment Opportunity Commission sued Walgreen Co. in federal court in San Francisco on Thursday, accusing the company of violating Josefina Hernandez’s civil rights under the Americans With Disabilities Act.
Hernandez was fired in September 2008 after opening a $1.39 bag of chips in order to stabilize her blood sugar, and paying for them after her shift, according to the EEOC.
“I almost always carry a piece of candy in my pocket for situations when I feel my blood sugar getting low, but I didn’t have anything on me this time,” Hernandez said in a statement. “I knew I needed to do something quickly.”
Hernandez had worked for Walgreens for nearly 18 years, had never been disciplined, and the company knew she was diabetic, the EEOC said.
“I worked for Walgreens with no problems for almost two decades, so I am very upset to lose my job over this,” Hernandez said.
Hernandez’ attorney William Tamayo noted the ADA requires employers to make reasonable accommodations to workers with disabilities.
“One wonders whether a long-term, experienced employee is worth less than a bag of chips to Walgreens,” Tamayo said.
A Walgreens spokesperson did not immediately respond to a call for comment.
The lawsuit is seeking monetary damages, including back pay and possible reinstatement of Hernandez’s job, and an injunction preventing Walgreens “from terminating the employment of an employee because of a disability.”
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