Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, January 12, 2023 12:25:01 PM
CASE NUMBER: 2023 CV 00176 Docket ID: 201140624
Mike Foley
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
MEGAN EVANS ) CASE NO.
5362 Abby Loop Way )
Dayton, OH 45414 ) JUDGE:
)
Plaintiff, )
)
v. COMPLAINT FOR DAMAGES
)
AND INJUNCTIVE RELIEF
COMMUNITY CONCEPTS, INC. )
6699 Tri Way Drive )
JURY DEMAND ENDORSED
Mason, OH 45040 )
HEREIN
)
Serve Also: )
Community Concepts, Inc. )
c/o Betty Davis (Stat. Agent) )
3948 Hanover Drive )
Mason, OH 45040 )
)
and,
)
COMMUNITY OPTIONS, INC. )
6699 Tri Way Drive )
Mason, OH 45040 )
)
Serve Also: )
Community Options, Inc. )
c/o Betty Davis (Stat. Agent) )
3948 Hanover Drive )
Mason, OH 45040 )
)
and,
)
EBKK CORPORATION )
6699 Tri Way Drive )
Mason, OH 45040 )
)
Serve Also: )
)
EBKK Corp. )
c/o Marc Davis (Stat. Agent) )
6699 Tri Way Drive )
Mason, OH 45040
)
Defendants. )
)
)
Plaintiff, Megan Evans, by and through undersigned counsel, as her Complaint against
Defendants, states and avers the following:
PARTIES
1. Evans is a resident of the city of Dayton, Montgomery County, Ohio.
2. Defendant COMMUNITY CONCEPTS, INC. is a domestic-incorporated company that
conducts business within the state of Ohio.
3. Defendant COMMUNITY OPTIONS, INC. is a domestic-incorporated company that conducts
business within the state of Ohio.
4. Defendant EBKK CORP. is a domestic-incorporated company that conducts business within the
state of Ohio.
5. The relevant location the events and omissions of this Complaint took place was 6699 Tri Way
Drive, Mason, OH 45040.
6. Community Concepts, Inc., Community Options, Inc., and EBKK Corp. (collectively
“Community Concepts”) are, and were at all times hereinafter mentioned, Evans’ employers
within the meaning of The Americans with Disability Act (“ADA”) 42 U.S.C. § 12101, Title
VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C §2000e, Family and Medical Leave
Act (“FMLA”) 29 U.S.C. § 2617 et seq., and R.C. § 4112 et seq.
7. Within 300 days of the adverse employment actions described herein, Evans filed a Charge of
Discrimination with the Equal Employment Opportunity Commission (“EEOC”).
8. This EEOC Charge is currently pending before the EEOC and Evans intends to amend this
Complaint to include claims of discrimination and retaliation under the ADA, Title VII, and
R.C. § 4112.
.2
9. Evans is in the process of exhausting all administrative remedies pursuant to 29 C.R.F. §
1614.407(b).
JURISDICTION & VENUE
10. All of the material events alleged in this Complaint occurred in or around Montgomery County,
Ohio.
11. Therefore, personal jurisdiction is proper over Defendants pursuant to R.C. § 2307.382(A)(1)
and/or (3).
12. Venue is proper pursuant to Civ. R. 3(C)(1), (3), and/or (6).
13. This Court is a court of general jurisdiction over the claims presented herein, including all
subject matters of this Complaint.
FACTS
14. Evans is a former employee of Community Concepts.
15. At all times noted herein, Evans was qualified for her position(s) at Community Concepts.
16. At all times noted herein, Evans could fully perform the duties of her position(s) with
Community Concepts.
17. Evans, as an African American, is in a protected class for her race.
18. Evans suffers from depression, anxiety, migraines, fibromyalgia, and high blood pressure,
placing her in a protected class for her disabilities.
19. Evans gave notice of these disabilities to Community Concepts.
20. Evans worked for Community Concepts as a HR Director from July 14, 2021, until Community
Concepts wrongfully terminated her employment on or around July 18, 2022.
21. Evans first interviewed for the position with President Marc Davis (Caucasian) and Chairman
of the Board Betty Davis (Caucasian).
.3
22. Evans was hired soon after at $28.00 per hour.
23. After starting, however, Evans found that she was being paid less, her salary equivalent placed
her at $26.00 per hour.
24. Around August 2021, allegations of sexual harassment were made at the Connected Adult Day
Activity location against program coordinator Dalton Lacy.
25. Evans was in charge of the investigation.
26. The female employees prepared notes for the investigation and made protected complaints to
their supervisor.
27. Evans conducted interviews and carried out an investigation and found the allegations to be
believable. Evans investigation constituted a protected activity.
28. However, Evans was told by Marc Davis and Betty Davis to label the issue as unsubstantiated.
29. Evans intended to train Lacy on sexual harassment and give him a write up. However, she was
again stopped by Marc Davis and Betty Davis.
30. In another incident which was ongoing since the beginning of Evans’ employment,
administrative assistant Karen Zimmers’ mother fell ill.
31. Evans spoke to Betty Davis, informing her that Zimmers was entitled to FMLA leave.
32. However, Betty Davis started to yell at Evans, telling her that this was the reason they had paid
time off (“PTO”) instead of sick leave.
33. Evans explained that FMLA is different and runs concurrently with paid leave, but to no avail.
34. Betty Davis then began to harass Zimmers. Betty Davis asked Evans to send her Zimmers’
time off each week to keep eyes on Zimmers and find ways to shorten her hours and pay her
less.
.4
35. Betty Davis would get angry with Evans if she didn’t have certain PTO information and kept
trying to interfere with accounting/payroll.
36. Evans eventually decided to give Zimmers FMLA despite Betty Davis’ disapproval, which led
to Betty Davis getting mad at other employees and Evans.
37. Betty Davis pressured Evans to not give anyone else FMLA and cut Zimmers’ salary.
38. Due to all the harassment, Zimmers resigned.
39. Around November 2021, one of the buildings was experiencing a water leak due to an older,
faulty water heater, causing the metal framing of the building to rust.
40. Maintenance worker Kyle Hasty inspected the building and found other safety concerns as
well, such as pest control, mold, and general office safety concerns.
41. Betty Davis and Marc Davis were very dismissive of these reports and reluctantly fixed these
issues. Following this, Hasty started experiencing retaliation from them.
42. Marc Davis placed an Apple Airtag (a tracking device) in the company maintenance truck.
43. This was, upon information and belief, in an attempt to find a reason to terminate Hasty.
44. Hasty resigned around late April 2022.
45. At the same time, Evans received a report from maintenance worker Timothy Hamlin.
46. Community Concepts had a policy against interoffice relationships.
47. Community Concepts’ policy against interoffice relationships was discretionary and allowed
the company to decide which interoffice relationships were allowed to work together.
48. Community Concepts’ policy against interoffice relationships was enforced disparately.
49. Hamlin had been flirting with direct service professional Kim Byers.
50. However, Byers was dating direct service professional Daniel Shaefer at the time.
.5
51. Shaefer then proceeded to make threats against Byers and Hamlin and even held a gun to
Byers’ head in the process.
52. Hamlin reported these threats.
53. Evans conducted an investigation and found Shaefer to be in the wrong, however Hamlin was
terminated. Evans’ investigation was a protected activity.
54. Shaefer resigned after his two weeks’ notice, and shortly prior to the beginning the
investigation, Byers resigned.
55. Around March 2022, Community Concepts began restructuring many positions because of
retention issues.
56. Community Concepts held a directors meeting, but Evans was uninvolved, despite being the
head of HR.
57. There were many panel interviews being held for these positions, but these interviews were
flawed, and Evans was not allowed any input.
58. During this time, Evans noticed more harassment of employees.
59. Also in March 2022, direct service professional Stephanie Clark reported direct support
professional and former unofficial acting Home Manager Henry Kenny Duncan for sexual
harassment and sexual assault.
60. Duncan had allegedly cornered direct service professional Gloria Mikesell in the laundry room
and kissed her without consent, resulting in her vomiting in disgust.
61. Evans began to investigate this incident, but before the investigation was complete, Mikesell
resigned. Evans’ investigation was a protected activity.
62. Betty Davis then began harassing Clark for the situation, despite the fact that she and Mikesell
were the victims. This was retaliation against Evans for her protected investigations.
.6
63. Betty Davis and Marc Davis impeded Evans’ investigation into the matter and, even worse,
promoted and reassigned Kenny Duncan to another home location with nearly identical remote,
low supervisory working conditions.
64. While investigating, Evans also found that, during the investigation, Kenny Duncan was
allegedly committing Medicaid fraud by overclocking hours to Medicaid.
65. Evans reported this to Betty Davis, as required, both verbally and in writing – a protected
whistleblower complaint.
66. On or around June 22, 2022, Betty Davis told Evans she was working on a Department of
Labor wage and hour audit.
67. Two days prior, Betty Davis told Evans to leave COVID vaccination cards on her desk.
68. When Evans went to leave the cards on Betty Davis’ desk, she noticed the file for the audit.
69. Evans saw Department of Labor violations in the numbers.
70. Evans then emailed the Department of Labor investigator Carmen Madera on or around June
28, 2022, about these practices - another protected whistleblower complaint.
71. On or around June 30, 2022, unemployment claims manager Danielle Latarski told Evans that
the company had a new claim for a former employee, Stetson Rosenbalm.
72. Rosenbalm was denied unemployment benefits and contested the denial.
73. Rosenbalm was terminated for two no-call/no-shows, but he claimed this information
conflicted with what was in Kronos (the timekeeping application).
74. Evans emailed Rosenbalm’s supervisors to confirm these absences, but Marc Davis responded
instead.
.7
75. Marc Davis attached screenshots of a conversation where a case manager and client ran into
Rosenbalm outside of Community Concepts, and Rosenbalm told the client not to say they saw
each other.
76. Marc Davis also mentioned Rosenbalm’s father was in hospice and dying, and that the staff
found a bottle of Jägermeister in the trash that they attributed to Rosenbalm.
77. There was no connection between the bottle and Rosenbalm, but Marc Davis instructed Evans
to attribute it to him anyway.
78. Evans forwarded the email to Latarski and told her they couldn’t deny the unemployment
benefits.
79. Evans said she wouldn’t lie about the basis for termination if it wasn’t in the file or attribute
the Jägermeister to Rosenbalm without evidence.
80. Latarski agreed, and they agreed to not contest the benefits.
81. Marc Davis was angry with Evans for this decision.
82. Around early July, Community Concepts began having issues with the benefits reports to
implement an insurance carrier change.
83. United Healthcare and MetLife were not fully functioning by the June 1 deadline.
84. Evans called the broker USI to request access to the systems, and they responded that Marc
Davis had had access for some time.
85. This surprised Evans, who didn’t hear anything about this.
86. The previous plan was Anthem and three other ancillary beneficiary carriers, but Evans was
told not to remove previous or newly-separated employees until one month after
implementation was complete because doing so could increase rates, which she reported to
.8
Marc Davis. These employees who were no longer with Community Concepts but were on
insurance plans between April and June 2022 were integral to the proposed insurance rates.
87. Accounting clerk Joni Fox was supposed to help Evans with the technical transition and
updating plans and rates for Community Concepts.
88. However, between vacations, holidays, power outages, meetings, and other engagements, Fox
kept delaying meeting with Evans, and the transition was put on hold.
89. As a result, the enrollment documents were completed without Evans’ input.
90. Evans was supposed to be trained on Kronos as per her job description as well, but this never
happened.
91. On or around July 15, 2022, Evans met with Madera to report the issues with Community
Concepts.
92. During this meeting, Evans gave Madera information on the file she had seen in Betty Davis’
office.
93. Madera then told Evans that Marc Davis had provided information to complicate the
investigation, saying that some employees were not included in the report because of new
internal software. This was untrue.
94. The report was missing all the employees who were misclassified as FLSA-exempt employees.
95. During the investigation as they were gathering more information, Betty Davis had more than
five more employees removed from Kronos, retroactively changing their pay documents.
96. This caused issues with other employees’ payroll as a result.
97. On or around July 18, 2022, Marc Davis and Betty Davis met with Evans.
.9
98. Marc Davis and Betty Davis then terminated Evans’ employment, citing Evans leaving early
on July 15, and called the police to escort her out of the building. This was a retaliatory action
by Community Concepts against Evans.
99. Marc Davis also mentioned, “I should’ve never hired you. You people aren’t loyal,” in
reference to Evans’ race.
100. During her employment with Community Concepts, Evans made several protected
complaints regarding illegal behavior by Community Concepts.
101. Soon after making her complaints, Marc Davis and Betty Davis began retaliating against
Evans.
102. The retaliation by Marc Davis and Betty Davis eventually culminated in Evans’ wrongful
termination.
103. On July 18, 2022, Community Concepts unlawfully terminated Evans’ employment.
104. Community Concepts did not have an overriding justification for Evans’ dismissal.
105. Alternatively, Community Concepts’ cited reason for Evans’ termination was pretextual.
106. Evans was discriminated against due to her race and disability.
107. Evans was terminated due to her race and disability and/or in retaliation for her opposition to
discrimination in the workplace.
108. There was a causal connection between Evans’ protected classes (race and disability) and
complaints and Defendants’ adverse actions taken against Evans.
109. Defendants’ purported reason for Evans’ termination is pretext for race and disability
discrimination and/or retaliation for opposition to discrimination.
.10
110. As a result of being discriminated against during her employment with Community Concepts,
and being terminated from Community Concepts, Evans has had and continues to accrue
damages based thereupon.
111. As a result of Community Concepts’ acts and omissions, Evans has suffered, and will
continue to suffer, damages, including economic, emotional distress and physical sickness
damages.
112. As a direct and proximate result of Defendants’ conduct, Evans suffered and will continue to
suffer damages, including economic, emotional distress and physical sickness damages.
COUNT I: VIOLATION OF OHIO WHISTLEBLOWER STATUTE
R.C. § 4113.52
113. Evans restates each and every prior paragraph of this Complaint, as if it were fully restated
herein.
114. During her employment, Evans reported fraudulent Medicaid overbilling to Defendants.
115. Evans reasonably believed fraudulent Medicaid overbilling constituted a criminal act that
threatens the public’s health or safety.
116. Evans verbally complained to Defendants regarding this conduct.
117. Evans complained to Defendants in writing regarding this conduct.
118. Evans gave Defendants an opportunity to cure the reported misconduct.
119. Defendants retaliated against Evans by terminating her employment based on her complaints
regarding this conduct.
120. Defendants’ termination of Evans was in violation of R.C. § 4113.52.
121. In addition, during her employment, Evans also reported that Defendants violated applicable
wage and hour requirements after reviewing Defendants’ numbers provided in response to a
wage and hour audit.
.11
122. Evans reasonably believed Defendants’ wage and hour violations constituted a criminal act
that threatens the public’s health or safety.
123. On June 28, 2022, via email, Evans reported Defendants’ violations to Department of Labor
investigator Carmen Madera.
124. On or around July 15, 2022, Megan met with Madera in person to further discuss this
complaint.
125. Just three days later, on July 18, 2022, Evans was terminated in retaliation for her protected
report.
126. As a direct and proximate result of Defendants’ conduct, Evans suffered and will continue to
suffer damages, including economic, emotional distress and physical sickness damages.
COUNT II: UNLAWFUL INTERFERENCE WITH FMLA RIGHTS
127. Evans restates each and every prior paragraph of this Complaint, as if it were fully restated
herein.
128. Pursuant to 29 U.S.C. § 2601 et seq., covered employers are required to provide employees
job-protected unpaid leave for qualified medical and family situations.
129. Community Concepts is a covered employer under the FMLA.
130. During her employment, Evans qualified for FMLA leave.
131. During her employment, Evans attempted to request FMLA leave by asking Defendants if
she qualified to take FMLA leave.
132. Defendants failed to properly advise Evans of her rights under the FMLA.
133. Defendants unlawfully interfered with Evans’ exercise of her rights under the FMLA in
violation of Section 105 of the FMLA and section 825.220 of the FMLA regulations.
.12
134. As a direct and proximate result of Defendants’ conduct, Evans suffered and will continue to
suffer damages, including economic, emotional distress and physical sickness damages.
135. As a direct and proximate result of Defendants’ conduct, Evans is entitled to all damages
provided for in 29 U.S.C. § 2617, including liquidated damages, costs and reasonable
attorney’s fees.
DEMAND FOR RELIEF
WHEREFORE, Evans demands from Defendants the following:
a) Issue a permanent injunction:
i. Requiring Defendants to abolish discrimination, harassment, and retaliation;
ii. Requiring allocation of significant funding and trained staff to implement all
changes within two years;
iii. Requiring removal or demotion of all supervisors who have engaged in
discrimination, harassment, or retaliation, and failed to meet their legal
responsibility to promptly investigate complaints and/or take effective action to
stop and deter prohibited personnel practices against employees;
iv. Creating a process for the prompt investigation of discrimination, harassment,
or retaliation complaints; and
v. Requiring mandatory and effective training for all employees and supervisors
on discrimination, harassment, and retaliation issues, investigations, and
appropriate corrective actions;
b) Issue an order requiring Defendants to expunge Evans’ personnel file of all negative
documentation;
.13
c) An award against each Defendant for compensatory and monetary damages to
compensate Evans for physical injury, physical sickness, lost wages, emotional
distress, and other consequential damages, in an amount in excess of $25,000 per claim
to be proven at trial;
d) An award of punitive damages against each Defendant in an amount in excess of
$25,000;
e) An award of reasonable attorneys’ fees and non-taxable costs for Evans’ claims as
allowable under law;
f) An award of the taxable costs of this action; and
g) An award of such other relief as this Court may deem necessary and proper.
.14
Respectfully submitted,
__/s/ Matthew G. Bruce________
Evan R. McFarland (0096953)
Matthew G. Bruce (0083769)
Trial Attorney
SPITZ, THE EMPLOYEE’S LAW FIRM
Spectrum Office Tower
11260 Chester Road, Suite 825
Cincinnati, OH 45246
Phone: (216) 291-0244 x173
Fax: (216) 291-5744
Email: Matthew.Bruce@SpitzLawFirm.com
Email: Evan.McFarland@SpitzLawFirm.com
Attorneys for Plaintiff Megan Evans
JURY DEMAND
Plaintiff Megan Evans demands a trial by jury by the maximum number of jurors permitted.
__/s/ Matthew G. Bruce________
Evan R. McFarland (0096953)
Matthew G. Bruce (0083769)
.15
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Thursday, January 12, 2023 12:25:01 PM CASE NUMBER: 2023 CV 00176 Docket ID: 201140624 Mike Foley CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO MEGAN EVANS ) CASE NO. 5362 Abby Loop Way ) Dayton, OH 45414 ) JUDGE: ) Plaintiff, ) ) v. COMPLAINT FOR DAMAGES ) AND INJUNCTIVE RELIEF COMMUNITY CONCEPTS, INC. ) 6699 Tri Way Drive ) JURY DEMAND ENDORSED Mason, OH 45040 ) HEREIN ) Serve Also: ) Community Concepts, Inc. ) c/o Betty Davis (Stat. Agent) ) 3948 Hanover Drive ) Mason, OH 45040 ) ) and, ) COMMUNITY OPTIONS, INC. ) 6699 Tri Way Drive ) Mason, OH 45040 ) ) Serve Also: ) Community Options, Inc. ) c/o Betty Davis (Stat. Agent) ) 3948 Hanover Drive ) Mason, OH 45040 ) ) and, ) EBKK CORPORATION ) 6699 Tri Way Drive ) Mason, OH 45040 ) ) Serve Also: ) ) EBKK Corp. ) c/o Marc Davis (Stat. Agent) ) 6699 Tri Way Drive ) Mason, OH 45040 ) Defendants. ) ) ) Plaintiff, Megan Evans, by and through undersigned counsel, as her Complaint against Defendants, states and avers the following: PARTIES 1. Evans is a resident of the city of Dayton, Montgomery County, Ohio. 2. Defendant COMMUNITY CONCEPTS, INC. is a domestic-incorporated company that conducts business within the state of Ohio. 3. Defendant COMMUNITY OPTIONS, INC. is a domestic-incorporated company that conducts business within the state of Ohio. 4. Defendant EBKK CORP. is a domestic-incorporated company that conducts business within the state of Ohio. 5. The relevant location the events and omissions of this Complaint took place was 6699 Tri Way Drive, Mason, OH 45040. 6. Community Concepts, Inc., Community Options, Inc., and EBKK Corp. (collectively “Community Concepts”) are, and were at all times hereinafter mentioned, Evans’ employers within the meaning of The Americans with Disability Act (“ADA”) 42 U.S.C. § 12101, Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C §2000e, Family and Medical Leave Act (“FMLA”) 29 U.S.C. § 2617 et seq., and R.C. § 4112 et seq. 7. Within 300 days of the adverse employment actions described herein, Evans filed a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”). 8. This EEOC Charge is currently pending before the EEOC and Evans intends to amend this Complaint to include claims of discrimination and retaliation under the ADA, Title VII, and R.C. § 4112. .2 9. Evans is in the process of exhausting all administrative remedies pursuant to 29 C.R.F. § 1614.407(b). JURISDICTION & VENUE 10. All of the material events alleged in this Complaint occurred in or around Montgomery County, Ohio. 11. Therefore, personal jurisdiction is proper over Defendants pursuant to R.C. § 2307.382(A)(1) and/or (3). 12. Venue is proper pursuant to Civ. R. 3(C)(1), (3), and/or (6). 13. This Court is a court of general jurisdiction over the claims presented herein, including all subject matters of this Complaint. FACTS 14. Evans is a former employee of Community Concepts. 15. At all times noted herein, Evans was qualified for her position(s) at Community Concepts. 16. At all times noted herein, Evans could fully perform the duties of her position(s) with Community Concepts. 17. Evans, as an African American, is in a protected class for her race. 18. Evans suffers from depression, anxiety, migraines, fibromyalgia, and high blood pressure, placing her in a protected class for her disabilities. 19. Evans gave notice of these disabilities to Community Concepts. 20. Evans worked for Community Concepts as a HR Director from July 14, 2021, until Community Concepts wrongfully terminated her employment on or around July 18, 2022. 21. Evans first interviewed for the position with President Marc Davis (Caucasian) and Chairman of the Board Betty Davis (Caucasian). .3 22. Evans was hired soon after at $28.00 per hour. 23. After starting, however, Evans found that she was being paid less, her salary equivalent placed her at $26.00 per hour. 24. Around August 2021, allegations of sexual harassment were made at the Connected Adult Day Activity location against program coordinator Dalton Lacy. 25. Evans was in charge of the investigation. 26. The female employees prepared notes for the investigation and made protected complaints to their supervisor. 27. Evans conducted interviews and carried out an investigation and found the allegations to be believable. Evans investigation constituted a protected activity. 28. However, Evans was told by Marc Davis and Betty Davis to label the issue as unsubstantiated. 29. Evans intended to train Lacy on sexual harassment and give him a write up. However, she was again stopped by Marc Davis and Betty Davis. 30. In another incident which was ongoing since the beginning of Evans’ employment, administrative assistant Karen Zimmers’ mother fell ill. 31. Evans spoke to Betty Davis, informing her that Zimmers was entitled to FMLA leave. 32. However, Betty Davis started to yell at Evans, telling her that this was the reason they had paid time off (“PTO”) instead of sick leave. 33. Evans explained that FMLA is different and runs concurrently with paid leave, but to no avail. 34. Betty Davis then began to harass Zimmers. Betty Davis asked Evans to send her Zimmers’ time off each week to keep eyes on Zimmers and find ways to shorten her hours and pay her less. .4 35. Betty Davis would get angry with Evans if she didn’t have certain PTO information and kept trying to interfere with accounting/payroll. 36. Evans eventually decided to give Zimmers FMLA despite Betty Davis’ disapproval, which led to Betty Davis getting mad at other employees and Evans. 37. Betty Davis pressured Evans to not give anyone else FMLA and cut Zimmers’ salary. 38. Due to all the harassment, Zimmers resigned. 39. Around November 2021, one of the buildings was experiencing a water leak due to an older, faulty water heater, causing the metal framing of the building to rust. 40. Maintenance worker Kyle Hasty inspected the building and found other safety concerns as well, such as pest control, mold, and general office safety concerns. 41. Betty Davis and Marc Davis were very dismissive of these reports and reluctantly fixed these issues. Following this, Hasty started experiencing retaliation from them. 42. Marc Davis placed an Apple Airtag (a tracking device) in the company maintenance truck. 43. This was, upon information and belief, in an attempt to find a reason to terminate Hasty. 44. Hasty resigned around late April 2022. 45. At the same time, Evans received a report from maintenance worker Timothy Hamlin. 46. Community Concepts had a policy against interoffice relationships. 47. Community Concepts’ policy against interoffice relationships was discretionary and allowed the company to decide which interoffice relationships were allowed to work together. 48. Community Concepts’ policy against interoffice relationships was enforced disparately. 49. Hamlin had been flirting with direct service professional Kim Byers. 50. However, Byers was dating direct service professional Daniel Shaefer at the time. .5 51. Shaefer then proceeded to make threats against Byers and Hamlin and even held a gun to Byers’ head in the process. 52. Hamlin reported these threats. 53. Evans conducted an investigation and found Shaefer to be in the wrong, however Hamlin was terminated. Evans’ investigation was a protected activity. 54. Shaefer resigned after his two weeks’ notice, and shortly prior to the beginning the investigation, Byers resigned. 55. Around March 2022, Community Concepts began restructuring many positions because of retention issues. 56. Community Concepts held a directors meeting, but Evans was uninvolved, despite being the head of HR. 57. There were many panel interviews being held for these positions, but these interviews were flawed, and Evans was not allowed any input. 58. During this time, Evans noticed more harassment of employees. 59. Also in March 2022, direct service professional Stephanie Clark reported direct support professional and former unofficial acting Home Manager Henry Kenny Duncan for sexual harassment and sexual assault. 60. Duncan had allegedly cornered direct service professional Gloria Mikesell in the laundry room and kissed her without consent, resulting in her vomiting in disgust. 61. Evans began to investigate this incident, but before the investigation was complete, Mikesell resigned. Evans’ investigation was a protected activity. 62. Betty Davis then began harassing Clark for the situation, despite the fact that she and Mikesell were the victims. This was retaliation against Evans for her protected investigations. .6 63. Betty Davis and Marc Davis impeded Evans’ investigation into the matter and, even worse, promoted and reassigned Kenny Duncan to another home location with nearly identical remote, low supervisory working conditions. 64. While investigating, Evans also found that, during the investigation, Kenny Duncan was allegedly committing Medicaid fraud by overclocking hours to Medicaid. 65. Evans reported this to Betty Davis, as required, both verbally and in writing – a protected whistleblower complaint. 66. On or around June 22, 2022, Betty Davis told Evans she was working on a Department of Labor wage and hour audit. 67. Two days prior, Betty Davis told Evans to leave COVID vaccination cards on her desk. 68. When Evans went to leave the cards on Betty Davis’ desk, she noticed the file for the audit. 69. Evans saw Department of Labor violations in the numbers. 70. Evans then emailed the Department of Labor investigator Carmen Madera on or around June 28, 2022, about these practices - another protected whistleblower complaint. 71. On or around June 30, 2022, unemployment claims manager Danielle Latarski told Evans that the company had a new claim for a former employee, Stetson Rosenbalm. 72. Rosenbalm was denied unemployment benefits and contested the denial. 73. Rosenbalm was terminated for two no-call/no-shows, but he claimed this information conflicted with what was in Kronos (the timekeeping application). 74. Evans emailed Rosenbalm’s supervisors to confirm these absences, but Marc Davis responded instead. .7 75. Marc Davis attached screenshots of a conversation where a case manager and client ran into Rosenbalm outside of Community Concepts, and Rosenbalm told the client not to say they saw each other. 76. Marc Davis also mentioned Rosenbalm’s father was in hospice and dying, and that the staff found a bottle of Jägermeister in the trash that they attributed to Rosenbalm. 77. There was no connection between the bottle and Rosenbalm, but Marc Davis instructed Evans to attribute it to him anyway. 78. Evans forwarded the email to Latarski and told her they couldn’t deny the unemployment benefits. 79. Evans said she wouldn’t lie about the basis for termination if it wasn’t in the file or attribute the Jägermeister to Rosenbalm without evidence. 80. Latarski agreed, and they agreed to not contest the benefits. 81. Marc Davis was angry with Evans for this decision. 82. Around early July, Community Concepts began having issues with the benefits reports to implement an insurance carrier change. 83. United Healthcare and MetLife were not fully functioning by the June 1 deadline. 84. Evans called the broker USI to request access to the systems, and they responded that Marc Davis had had access for some time. 85. This surprised Evans, who didn’t hear anything about this. 86. The previous plan was Anthem and three other ancillary beneficiary carriers, but Evans was told not to remove previous or newly-separated employees until one month after implementation was complete because doing so could increase rates, which she reported to .8 Marc Davis. These employees who were no longer with Community Concepts but were on insurance plans between April and June 2022 were integral to the proposed insurance rates. 87. Accounting clerk Joni Fox was supposed to help Evans with the technical transition and updating plans and rates for Community Concepts. 88. However, between vacations, holidays, power outages, meetings, and other engagements, Fox kept delaying meeting with Evans, and the transition was put on hold. 89. As a result, the enrollment documents were completed without Evans’ input. 90. Evans was supposed to be trained on Kronos as per her job description as well, but this never happened. 91. On or around July 15, 2022, Evans met with Madera to report the issues with Community Concepts. 92. During this meeting, Evans gave Madera information on the file she had seen in Betty Davis’ office. 93. Madera then told Evans that Marc Davis had provided information to complicate the investigation, saying that some employees were not included in the report because of new internal software. This was untrue. 94. The report was missing all the employees who were misclassified as FLSA-exempt employees. 95. During the investigation as they were gathering more information, Betty Davis had more than five more employees removed from Kronos, retroactively changing their pay documents. 96. This caused issues with other employees’ payroll as a result. 97. On or around July 18, 2022, Marc Davis and Betty Davis met with Evans. .9 98. Marc Davis and Betty Davis then terminated Evans’ employment, citing Evans leaving early on July 15, and called the police to escort her out of the building. This was a retaliatory action by Community Concepts against Evans. 99. Marc Davis also mentioned, “I should’ve never hired you. You people aren’t loyal,” in reference to Evans’ race. 100. During her employment with Community Concepts, Evans made several protected complaints regarding illegal behavior by Community Concepts. 101. Soon after making her complaints, Marc Davis and Betty Davis began retaliating against Evans. 102. The retaliation by Marc Davis and Betty Davis eventually culminated in Evans’ wrongful termination. 103. On July 18, 2022, Community Concepts unlawfully terminated Evans’ employment. 104. Community Concepts did not have an overriding justification for Evans’ dismissal. 105. Alternatively, Community Concepts’ cited reason for Evans’ termination was pretextual. 106. Evans was discriminated against due to her race and disability. 107. Evans was terminated due to her race and disability and/or in retaliation for her opposition to discrimination in the workplace. 108. There was a causal connection between Evans’ protected classes (race and disability) and complaints and Defendants’ adverse actions taken against Evans. 109. Defendants’ purported reason for Evans’ termination is pretext for race and disability discrimination and/or retaliation for opposition to discrimination. .10 110. As a result of being discriminated against during her employment with Community Concepts, and being terminated from Community Concepts, Evans has had and continues to accrue damages based thereupon. 111. As a result of Community Concepts’ acts and omissions, Evans has suffered, and will continue to suffer, damages, including economic, emotional distress and physical sickness damages. 112. As a direct and proximate result of Defendants’ conduct, Evans suffered and will continue to suffer damages, including economic, emotional distress and physical sickness damages. COUNT I: VIOLATION OF OHIO WHISTLEBLOWER STATUTE R.C. § 4113.52 113. Evans restates each and every prior paragraph of this Complaint, as if it were fully restated herein. 114. During her employment, Evans reported fraudulent Medicaid overbilling to Defendants. 115. Evans reasonably believed fraudulent Medicaid overbilling constituted a criminal act that threatens the public’s health or safety. 116. Evans verbally complained to Defendants regarding this conduct. 117. Evans complained to Defendants in writing regarding this conduct. 118. Evans gave Defendants an opportunity to cure the reported misconduct. 119. Defendants retaliated against Evans by terminating her employment based on her complaints regarding this conduct. 120. Defendants’ termination of Evans was in violation of R.C. § 4113.52. 121. In addition, during her employment, Evans also reported that Defendants violated applicable wage and hour requirements after reviewing Defendants’ numbers provided in response to a wage and hour audit. .11 122. Evans reasonably believed Defendants’ wage and hour violations constituted a criminal act that threatens the public’s health or safety. 123. On June 28, 2022, via email, Evans reported Defendants’ violations to Department of Labor investigator Carmen Madera. 124. On or around July 15, 2022, Megan met with Madera in person to further discuss this complaint. 125. Just three days later, on July 18, 2022, Evans was terminated in retaliation for her protected report. 126. As a direct and proximate result of Defendants’ conduct, Evans suffered and will continue to suffer damages, including economic, emotional distress and physical sickness damages. COUNT II: UNLAWFUL INTERFERENCE WITH FMLA RIGHTS 127. Evans restates each and every prior paragraph of this Complaint, as if it were fully restated herein. 128. Pursuant to 29 U.S.C. § 2601 et seq., covered employers are required to provide employees job-protected unpaid leave for qualified medical and family situations. 129. Community Concepts is a covered employer under the FMLA. 130. During her employment, Evans qualified for FMLA leave. 131. During her employment, Evans attempted to request FMLA leave by asking Defendants if she qualified to take FMLA leave. 132. Defendants failed to properly advise Evans of her rights under the FMLA. 133. Defendants unlawfully interfered with Evans’ exercise of her rights under the FMLA in violation of Section 105 of the FMLA and section 825.220 of the FMLA regulations. .12 134. As a direct and proximate result of Defendants’ conduct, Evans suffered and will continue to suffer damages, including economic, emotional distress and physical sickness damages. 135. As a direct and proximate result of Defendants’ conduct, Evans is entitled to all damages provided for in 29 U.S.C. § 2617, including liquidated damages, costs and reasonable attorney’s fees. DEMAND FOR RELIEF WHEREFORE, Evans demands from Defendants the following: a) Issue a permanent injunction: i. Requiring Defendants to abolish discrimination, harassment, and retaliation; ii. Requiring allocation of significant funding and trained staff to implement all changes within two years; iii. Requiring removal or demotion of all supervisors who have engaged in discrimination, harassment, or retaliation, and failed to meet their legal responsibility to promptly investigate complaints and/or take effective action to stop and deter prohibited personnel practices against employees; iv. Creating a process for the prompt investigation of discrimination, harassment, or retaliation complaints; and v. Requiring mandatory and effective training for all employees and supervisors on discrimination, harassment, and retaliation issues, investigations, and appropriate corrective actions; b) Issue an order requiring Defendants to expunge Evans’ personnel file of all negative documentation; .13 c) An award against each Defendant for compensatory and monetary damages to compensate Evans for physical injury, physical sickness, lost wages, emotional distress, and other consequential damages, in an amount in excess of $25,000 per claim to be proven at trial; d) An award of punitive damages against each Defendant in an amount in excess of $25,000; e) An award of reasonable attorneys’ fees and non-taxable costs for Evans’ claims as allowable under law; f) An award of the taxable costs of this action; and g) An award of such other relief as this Court may deem necessary and proper. .14 Respectfully submitted, __/s/ Matthew G. Bruce________ Evan R. McFarland (0096953) Matthew G. Bruce (0083769) Trial Attorney SPITZ, THE EMPLOYEE’S LAW FIRM Spectrum Office Tower 11260 Chester Road, Suite 825 Cincinnati, OH 45246 Phone: (216) 291-0244 x173 Fax: (216) 291-5744 Email: Matthew.Bruce@SpitzLawFirm.com Email: Evan.McFarland@SpitzLawFirm.com Attorneys for Plaintiff Megan Evans JURY DEMAND Plaintiff Megan Evans demands a trial by jury by the maximum number of jurors permitted. __/s/ Matthew G. Bruce________ Evan R. McFarland (0096953) Matthew G. Bruce (0083769) .15