Former Circle K manager fights back in court over $12.8 million lottery ticket purchased at store

SCOTTSDALE, Ariz. (KPHO/Gray News) — A former Circle K manager has filed a formal response to a lawsuit over a $12.8 million Arizona Lottery jackpot.

Robert Gawlitza claims the company enforced a policy requiring employees to purchase leftover lottery tickets and only challenged his ownership of the winning ticket after learning its million-dollar value.

The dispute stems from 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.

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,” 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 was $12.8 million. And then they said, ‘Whoa, hold on for a second. Now let’s talk about that,’" Kolsrud said.

The court filing included six affidavits from current and former Circle K employees who reportedly 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.”

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.

Earlier this year, Circle K sued, 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 money, which Gawlitza is said to be splitting with a former co-worker, while the court determines legal ownership of the winning ticket.