Lodi gas station clerks fired after helping catch robbery suspects

The masked man repeatedly slammed a silver gun down on the counter inside a Lodi gas station, demanding cash from the clerk.

The clerk, terrified that the gun would discharge when it hit the counter, didn't have much money in her register, since it was nearly 1 a.m. When the robber asked what was behind the counter, she appeased him by offering lottery tickets.

Cynthia Lopez, 31, had only been working at the USA Gas station for three weeks — her first foray back into the working world after staying home to raise her three children while her husband worked.

After the robber left, her first thought was to see if she could spot a get-away vehicle. Lopez did see a vehicle, as well as a license plate, which led Lodi police to arrest two convicted felons.

Lopez was shaken, but she went back to work the next day. She was listed as both a victim and a witness in the police report, and she knew she'd probably be called to testify in court at some point.

And then Lopez was fired from her job.

The reason: Her drawer, which was supposed to have no more than $50 in cash in it, was over by $16.

A company spokeswoman said the chain that recently purchased USA Gas has strict policies regarding the amount of money in registers. Lopez, however says a supervisor said to keep about $100 in change, since customers sometimes want to pay with larger bills. Either way, Lopez is out of a job — but will still be called to testify on her own time.

"I thought I did everything correctly. I thought they should ask, 'Are you guys OK? Do you need counseling?'" Lopez said. "This is wrong. I feel betrayed."

Lopez and another clerk, who was outside cleaning when the robbery happened, were both suspended and then fired. The manager, who said she worked at the gas station for 11 years, has also since been fired, though it's not clear if that was also related to the robbery.

However, in California, employers don't even need a reason to fire someone, experts said.

"You could be the best employee in the world but if your boss decides to fire you and hire his nephew, he can do that," said Renee Nash, an attorney who teaches employment law at University of the Pacific's McGeorge School of Law.

The exceptions are those who have contracts, such as professional ball players, or if the reason for termination is an illegal cause, such as race, religion, disability or whistle blowing.

What frustrates Lopez is that she thought she was doing a fine job. She said employees recently had a meeting and asked a supervisor what to do about customers paying with larger bills. Lopez and the former manager, Mary Morgan, said a supervisor told them they could keep more money in their drawer.

That supervisor, who oversees several stores, referred calls to the main office, which then referred the call to Texas-based Tesoro Corp., which in May bought all USA Gas stations, including 130 in California.

Sarah Simpson, a Tesoro spokeswoman, said privacy laws bar her from commenting on any individual employees but that the company has written rules.

"We do have policies on cash limits in registers, to protect our employees' safety. We have a zero tolerance policy," Simpson said.

Lopez and another female clerk, who was also fired, were working at the USA Gas station on the corner of Kettleman Lane and Lower Sacramento Road when the trouble began.

Lopez kept her cool while the masked robber was in the store. Not only did she note the clothing the robber was wearing, but she also obtained the license plate number. Her co-worker, who was outside cleaning and knew something was wrong, noted the same plate number.

Police officers soon got the description of a blue Dodge Magnum, and one officer acted on a hunch and headed north to Taylor Road. There he found the car, with the plate Lopez and her co-worker had noted.

After a lengthy search including a helicopter and a dog, officers arrested Joel Ibarra Millan, 41, and Adam Louie Madrid, 23, inside a home's detached laundry room on the road. Police allegedly found the lottery tickets and masks the men had worn, as well as the keys to the car — which had been reported stolen.

Madrid had been released from prison on parole two months earlier after serving more than two years of a three-year sentence for assault with a firearm, according to the California Department of Corrections and Rehabilitation.

Millan, who has more than two dozen criminal convictions, has been in and out of prison 16 times. He was discharged from parole in April after finishing a four-year sentence for second-degree robbery.

The two remain jailed and appeared in court again Wednesday, where attorneys set a tentative preliminary hearing for Aug. 17.

Deputy District Attorney Patricia Rieta-Garcia was outraged when told that the gas station employees had been fired.

If that's the case, she said, "I'll never buy USA Gas again."

Contact reporter Layla Bohm at layla@lodinews.com.