STATE OF INDIANA IN R, 0N HE MA I ecu COUNTY OF MARION CAUSE N0. MICHAEL GUARD, Plaintiff, Jury Trial Demanded FILED FEB 20 2915 ?777 COMPLAINT c1533? 4" .1 V. TODD ACADEMY, INC. Defendants. Plaintiff Michael Guard, by counsel, for his complaint against Defendant Todd Academy, Inc., alleges and states as follows: 1. Plaintiff is, and at all times relevant to this Complaint, was, a resident of Indiana. 2. Defendant, Todd Academy, Inc., is an Indiana non-pro?t corporation with its principle of?ce in Marion County, Indiana. Its registered agent for service is Sharon L. Todd, 5330 E. Co. Rd. 150 N., Avon, IN 46123. 3. Plaintiff was hired on August 23, 2014 to teach numerous subjects for Todd Academy. 4, Todd Academy promised Plaintiff a salary of $3,000 per I month to be paid in equal installments. 5' Plaintiff began his employment with Todd Academy on August 25 2014. .- . 6. Michael Guard remained in the employ of Todd Academy until? - I. I December 12, 2014. 7. In the course of Plaintiffs employment, he received a single $1,000 payment. 8. Over the course of the semester, while not paying Plaintiff, Sharon Todd, the designated president of Todd Academy, repeatedly delivered signed letters to Plaintiff that amount to IOUS. The ?rst such IOU-style letter is from October 1, 2014 and states: I owe you $3750.00 in wages for Au[gu]st and September, to be paid immediately when funds are available. Anticipating the week of October 6th, 2014[.] 9. Each IOU-style letter (four in total) is signed by Sharon Todd as the ?Head of School.? 10. There are three other such IOU-style letters dated November 7, November 24, and December 8, 2014 recognizing the continued failure to make payments other than the sole $1,000 payment on November 25, 2014. The December i 8 letter establishes that Todd Academy owed Plaintiff $8,750 as of that date representing money owed through the end of November. 11. Due to the December holidays, December only required teachers to work twelve (12) days. 12. If Plaintiff had completed all twelve (12) Workdays in December- he I would have been entitled to $8,000 in wages. 13. Plaintiff worked nine (9) of the twelve (12) workdays in December This. represents 75% of the required workdays for the month. Accordingly, his wages for December were 75% of $3,000, or $2,250. 14. Plaintiff worked 9 of these twelve days, or 75% of the required workdays. His total unpaid wages are thus $11,000. 15. After months of not being paid, Plaintiff served notice of his intent to resign at the end of the semester to Todd Academy. 16. In the early morning hours of December 12, 2014, Sharon Todd sent an email to Plaintiff informing him that his resignation was accepted and made effective immediately. CLAIM FOR UNPAID WAGES 17. The Indiana Wage Claims Statute (Ind. Code 22-2-9-O.1 et seq.) requires an employer to pay an employee who has been separated from the payroll all wages due and owing to him. 18. Failure to make payment in accordance with the Wage Claims Statute permits an action by the employee for the unpaid wages, up to double the unpaid wages as liquidated damages, and attorney fees pursuant to Ind. Code 22-2-52 8; -9-6. 19, Plaintiff was separated from his employer and has not been paid $11,000 in outstanding wages. 20. Plaintiff has submitted his claim to the Indiana Department of Lab - or, which has referred his claim to him by letter, attached hereto as Exhibit A 21. Plaintiff is exititled to recover his unpaid. weigh?. in addition Mu ?Quinta that amount as liquidated damages and his costs and attorney fees. 22. Alternatively, the Indiana Wage Payment Statute (Ind. Code 1 et seq.) applies to employees that have voluntarily separated from their employment. 23. Under the Indiana Wage Payment Statute, an employer has a duty to make regular wage payments. 24. Todd Academy has not made wage payments to Plaintiff in accordance with the Wage Payment Statute. 25. Failure to make payment in accordance with the Wage Payment Statute permits an action by the employee for the unpaid wages, up to double the unpaid wages as liquidated damages, and attorney fees pursuant to Ind. Code 22- 2-5-2. 26. Plaintiff is entitled to recover his unpaid wages in addition to double that amount as liquidated damages and his costs and attorney fees. I WHEREFORE, Plaintiff respectfully requests judgment in an amount that will fairly compensate him for the losses and damages he has and will sustain as a result of Defendant?s failure to pay him wages that are owed, as well as costs pm judgment interest, and all other just and proper relief. DEMAND FOR JURY TRIAL The Plaintiffs respectfully demand a jury trial on all of their cla' 1111s. Respectfully submitted, 4 7- Eric S. Pavlack, #21773?4?9 Colin E. Flora, #29914?49 PAVLACK LLC 255 Alabama 813., Ste. 301 Indianapolis, IN 46204 (317) 251-1100 (317) 252?0352 fax Eric@PavlackLawFirm.com Colin@PavlackLawFirm.com omcif?' 1mm Can'mxm?csma mm mm am; mama an: ax. 3mm n; ?mm-1% 3 ?1 :55? a in?; i .L s? - Februazjv 9, 2015 Eric Pa?ack Paviack Law LLC 255 N. Alabama St? Ste 301 Indianapolis. IN 46204 RE: Michael Guard Todd Academy, Inc. Wage Claim #15-1 1740 Amount: $11,900.00 Dear Mr. Eric S. Pax'lack: i am \mzing in response to your request that the Of?ce 0f Amamey Gamma} provide you with :mth,?rizaticm to pursue the ciaimam?s wage claims in the abov?qefsrence? case. Thi? Of?ca has no objeczion to your pursuing such claims and, to the extem that it is au?wrized t9 refer the case its your office far ac?i?an, here-by does so. No ?nding is made by the Of?ce 0f tba Attomey Generai as to any issues {1331 might be construed as having been raised by this cemplaim. Yum have represenied thaz you are an attorney admitted to the practis? 0f 13w in {Indiana and in gm Standin You baa-?6 further represented that you have unmvered mailing efim?resi is: the abm?e- referenced Ingmar. Thus, we are autherizmg yaw pursuant :0 Indiana Code 22?2-9?4 10 regiment the individual piaimiff in this actian. We ask only that mu pal-31.16 the action diligently and report as us an the resuhs. Feei free ?9 mama: me at (317) 232?6231 if yet: have any questi?ns. Sincerely, Betsy M. Ismberg Deputy Attorney Generai cc: Rick .1. Rubia. Genera! (301113361, IDOL I cc: Patricia Orioff Erdmann, Chief Cami. far 4 WAGE LAIM DISPUTE RESULTS instructions: Picase print the requested information belew and return the mmpleied form to the hief Operating Of?cer ot?the Of?ce of?the Attorney General. You (113} either submit your form clearanica?} to we {z?atg?smtumus or 5.01: may submit 3.0m form via US maxi! or fax {01 Chief Operating Of?cer Of?ce of the Attorney General indiana Gmemment Center Scuth? Fifth Flow 40: West \K?a?hington Street Indianapolis. IN 46204-2770 Fax: 3 1 7.2317979 Email: Wigs {mm 2 {mm 15-11740 C??airmm?s Venue: Mitchaei Guard Ctaimam's AiideSSZ 2.55 N. AlabamaSt? Ste 301, Indianapciis, IN 46264 Claimant?s Niamey Name: Eric S. Paviack Pavlack Law LLC Attorney Business Address: 255 Aiabama St, Ste: 30%, indianapoiis, 463.0% C?ounr}: Attamey's Business Teiephone Number: Ancme} ?5 Email: Amwmy?s Fax: Employer D?f?ildafit); Employer?s Address: Amount of Claim: Recovery Amount: Date (31? Recovery: AWE. 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Lia:ch "u 1 a ma; 1; Lamar?. 2m 5:2; 1 mm "am Wm?k Magi?: {Ema mam-t magmas? {he 1313i? . . ,1 res-.1 veg; Am m? e: Hm; {mszmi 132;: mi ?exkr. aura-eater the Wipkl?' ui?lbgki :kcadm?ny. 21x3- mmhi me?r: W: ?lmi?is??i $01-$33 i {m . "My $43; d43th 3.334120?: we iuii?mm??z's 32:13:32, Carat-41mm}; iim? ann?eg hm: up? 75% 0:333? {of $3.25? W114 7 :33 mean 553:; gnaw; 537% numb il'ms. Mr. GLsard '13 (wed in? 2 wages mm? mm m. ?aw rmammg. Linwd's mumQO in {tank 52am {may} ?ve mazme grid: :11 cit-3; $12 543133111 73- kc ECz-ttfac?h um may rcquiz?edm Wirrk (12133?. that 213mm i?ixsai'd u?mkmi?? m?tmsc . . We Rawwmw I I . Wermaau?unwmdemamm? 2 STATE OF INDIANA SS IN THE MARION COUNTY SUPERIOR COURT '7 COUNTY OF MARION CAUSE NO. 49D07-1502-PL-005670 MICHAEL GUARD, Plaintiff, MAY 1 I 2013 TODD ACADEMY, INC. cuZi?m?d 54% Defendant. ORDER GRANTING VERIFIED MOTION FOR DEFAULT JUDGMENT This matter comes before the Court on Plaintiffs Veri?ed Motion for Default Judgment. The Court, having reviewed Plaintiffs Motion, and otherwise being duly advised, now ?nds that default judgment should be and therefore is entered against Defendant Todd Academy, Inc. IT IS THEREFORE ORDERED that judgment is entered against Todd Academy, Inc. in favor of Michael Guard in the amount of $33,000 as unpaid wages as trebled pursuant to the Indiana Wage Claim Statute, Ind. Code 22-2-9-0.1 et seq., along with attorneys? fees of $2,958 and costs in the amount of $156.28, for a total of $36,114.28. This amount shall accrue annual interest at eight percent in accordance with Ind. Code If Plaintiff incurs additional attorneys? fees and costs subsequent to the entry of this order, he may move the court to order Defendant to pay such additional fees. MAY 1 1 2015 Date 2 5? Judge, Marion County Superior Court 8