By admin 
SCOTTSDALE, AZ (AZFamily) — A former Scottsdale Circle K manager has filed a formal response to a lawsuit over a $12.8 million Arizona Lottery jackpot, claiming the company enforced a policy requiring employees to purchase leftover lottery tickets and only challenged his ownership of the winning ticket after learning its value.
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Robert Gawlitza and Marline Ybarra, a former co-worker, were set to split the winnings 50-50. The dispute stems from an incident last November, when a customer left behind 25 lottery tickets after purchasing only part of an $85 order at a Circle K at 56th Street and Bell Road.
Employee says he followed company policy
Gawlitza’s attorney, Josh Kolsrud, said Circle K had an unofficial policy requiring employees to buy accidentally printed lottery tickets valued over $20 — a measure used to penalize workers for the accidental prints. Kolsrud said Gawlitza followed that policy, purchasing the ticket while clocked out and receiving a receipt.
“The bottom line here is he bought the tickets. He paid for them, obviously,” Kolsrud said. “He got a receipt. It was rung up by a Circle K employee on duty.”
Kolsrud said the company’s position shifted only after the ticket’s value became known.
“They only changed their minds once he said, well, the winning ticket is 12.8 million. And then they said, whoa, hold on for a second. Now let’s talk about that,” Kolsrud said.
Six affidavits support employee’s claims
The filing includes six affidavits from current and former Circle K employees who corroborate Gawlitza’s account of the policy.
“It’s not just Robert saying that Circle K had these policies,” Kolsrud said. “We have six affidavits from current and former Circle K employees who essentially say the exact same thing that Robert did, which is that Circle K had this unofficial policy forcing its employees to purchase accidentally printed lottery tickets.”
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The filing accuses Circle K of breaching that agreement, wrongfully keeping the ticket, and firing Gawlitza after he signed the back of the winning ticket.
Jury trial requested; lottery prize on hold
Circle K sued earlier this year, asking a judge to determine whether the ticket was ever legally sold. Kolsrud said he wants a jury to decide who owns the jackpot.
“He’s a guy who plays by the rules. And at the end of the day, we allege he was punished for it,” Kolsrud said.
Circle K has not responded to the latest filing. The Arizona Lottery continues to hold the prize while the court determines legal ownership of the winning ticket.
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