Exclusive: ‘Food thief' sues ex-employer over ‘shame' of being fired for eating coworker's bagged lunch
Israel Xicohtencatl, 42, has 'experienced profound shame and embarrassment, particularly given that his termination was witnessed by coworkers and became known throughout the workplace, damaging his professional reputation and standing in the community,' according to the suit.
It says potential employers 'have questioned the circumstances of [Xicohtencatl's] termination, forcing him to repeatedly explain and relive the humiliating experience, further compounding his emotional distress.'
Xicohtencatl claims in court filings obtained by The Independent that he is not the first person to be dismissed over such an error by Citarella Gourmet Market, which opened in 1912 on Manhattan's Upper West Side.
'Plaintiff is aware of at least one other colleague with similar tenure who was terminated for the minor infraction of drinking a soda that belonged to another employee,' Xicohtencatl's complaint states.
The chainlet, which ships nationwide, has since expanded to the Hamptons and Connecticut, and owner Joe Gurrera is well-regarded for his popular cookbook, Joe Knows Fish.
Xicohtencatl's situation is reminiscent of a 2017 case that made international headlines, when a German daycare worker was fired without notice for eating a chocolate bar belonging to a colleague. The 64-year-old woman, who had been employed by the facility for more than 30 years, took her employer to court, arguing that she should have been given a warning, instead of being let go. Following an extensive legal battle, a judge ordered the alleged chocolate thief reinstated, as she had replaced the $3 chocolate bar following the dust-up.
Citarella owner Joe Gurrera did not immediately respond to a request for comment.
Xicohtencatl's nightmare began on May 28, 2025, when he accidentally grabbed and ate a bagged lunch that belonged to a colleague, according to his complaint, which was filed Wednesday in state court.
'Upon realizing his honest mistake, [Xicohtencatl] immediately sought to identify the owner of the lunch, offered a sincere apology, and proposed to purchase a replacement lunch for the affected coworker,' the complaint states.
But, despite Xicohtencatl's 'immediate acknowledgment of the error and his offer to remedy the situation,' he was immediately fired by Citarella's head of security – a move formalized in a termination letter the following day, according to the complaint.
This, the complaint alleges, was part of a 'systematic campaign [by Citarella] to terminate employees who have worked for the company for more than twenty (20) years, using minor infractions as pretextual reasons for termination.'
Xicohtencatl was earning $25 an hour when he was let go, according to the complaint.
'This pattern suggests that [Citarella] is attempting to reduce labor costs by eliminating higher-paid, long-tenured employees who have earned higher wages and benefits through their years of service,' the complaint argues. 'Defendant's stated reason for termination – accidentally eating the wrong lunch – is pretextual and masks the true discriminatory motive.'
The complaint calls the severity of the punishment 'grossly disproportionate,' and describes Xicohtencatl as a 'loyal' employee. At the same time, it claims that younger employees 'who commit similar or more serious infractions are not subjected to immediate termination.'
The 'sudden and unjustified termination' has caused Xicohtencatl 'severe emotional distress, humiliation and feelings of worthlessness after dedicating over two decades of his life to faithful service' with Citarella, the complaint maintains.
In the aftermath, Xicohtencatl has suffered from anxiety, depression and insomnia, according to the complaint, which says that the 'abrupt end' to the Brooklyn resident's career 'has left him feeling betrayed and discarded, as if his years of loyalty, dedication, and hard work meant nothing to his former employer.'
Without a stable daily work routine, Xicohtencatl is now bereft of the 'structure, social connections, and sense of accomplishment that his job provided for over 20 years,' the complaint states. It says the firing has also stripped Xicohtencatl of his 'sense of purpose,' and his self-esteem has been 'severely damaged… causing him to question his abilities and worth.'
Additionally, Xicohtencatl's complaint contends he has been unable to find a new job, as questions inevitably arise during interviews about the circumstances of his ouster from Citarella. The gap in employment on his resume has added to Xicohtencatl's troubles, as has his inability to use Citarella as a reference when seeking work, according to his complaint.
'The financial uncertainty and loss of steady income has created additional stress and anxiety for Plaintiff, who must now worry about meeting his basic living expenses and maintaining his standard of living,' the complaint states. '... The prolonged job search has taken a toll on Plaintiff's mental health and self-confidence, creating a cycle where his emotional state affects his ability to present himself favorably to potential employers.'
Xicohtencatl has now lost faith 'in the fairness of the workplace,' and has been 'robbed… of the opportunity to retire with dignity on his own terms,' the complaint goes on.
'Plaintiff continues to suffer ongoing emotional distress, including feelings of rejection, abandonment, and loss of dignity, which have persisted long after the initial termination and continue to affect his daily life and wellbeing,' it concludes.
Xicohtencatl is suing Citarella for age discrimination under the New York State and New York City Human Rights Laws, claiming the company wants senior employees gone because they earn too much.
He is seeking reinstatement, plus back pay and front pay, bonuses and other lost benefits, compensatory damages for emotional distress and punitive damages, plus attorneys' fees.
Citarella now has three weeks to file a response to Xicohtencatl's claims.
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