FIIJED STATE OF INDIANA MARION SUPERIOR COURT @) MAY 1 9 2015 '-!r-..,'1-e<>- a...-. £ec~fi.A..d~' CLeRK OF TH!! MARlON CiR!~IjiT r.::u;; 1 Demetrius Green Plaintiff/Employee, ) ) ) vs. ) ) Todd Academy, Inc., ) Sharon Todd, and ) Todd Academy Fundamentals, Inc. ) Defendants/Employers. ) Cause No. 49014 15 05 PL 0 1 6 53 1 PLAINTIFF'S COMPLAINT FOR DAMAGES Corne now the Plaintiff/Employee, Demetrius Green, ("Green" or "Employee") with counsel, and complains of the Defendants/Employers, Todd Academy, Inc. , Sharon Todd, and Todd Academy Fundamentals, Inc., (collectively "Employers") and alleges as follows : NATURE OF THE ACTION 1. The Indiana Wage Payment statutes (Ind. Code. §§ 22-2-5, et seq. and Ind. Code. § 22-22-4(k)) provide protections to workers, including, but not limited to entitlement to wages for all hours worked. 2. Employee brings this action individually. PARTIES 3. Plaintiff/Employee Demetrius Green currently resides in and at all times relevant to this action has resided in Marion County, Indiana. 4. Defendant/Employer Todd Academy, Inc. is a non-profit corporation registered with the Indiana Secretary of State with its principle place of business located in Marion County, Indiana. It's registered agent is Sharon L. Todd. COMPLAINT 1 5. Defendant/Employer Todd Academy Fundamentals, Inc. is a non-profit corporation registered with the Indiana Secretary of State with its principle place of business located in Marion County, Indiana. It's registered agent is Sharon L. Todd. 6. Defendant/Employer Sharon L. Todd is an individual residing in Indiana. 7. Green is a teacher at Todd Academy, which is a private school operated collectively by the Employers. Todd Fundamentals is an alter ego for Todd Academy, its sole member, and was created to avoid garnishment of Todd Academy bank accounts and is operated alongside the Todd Academy by Sharon Todd and the Todd Academy Board. JURISDICTION AND VENUE 8. This Court, as a court of general jurisdiction, has subject matter jurisdiction under Indiana Rule of Trial Procedure (IRTP) 4.4(A)(l) & (5) because both corporate Employers do business and maintain their principal place of business in Indiana, and Sharon Todd resides in Indiana. 9. Venue in this Court is proper under IRTP 75(A)(l), (4) & (5) as the Employer's principal place of business is in Marion County, the principle events giving rise to this lawsuit took place in Marion County, and the Employee resides in Marion County. FACTS 10. At all times relevant to the claims made in this Complaint, Green was employed as a teacher at Todd Academy. 11. Employers employed Green as a teacher beginning March 1, 2013. 12. Employers paid wages in exchange for Green to continue working. In exchange for working, employees received paychecks or promises to receive paychecks. COMPLAINT 2 13. All teachers are or were in an at will employment relationship with Employers, although Employers erroneously characterized and paid them as independent contractors. 14. Green left the employ of Employers on or about February 15,2015. 15. Green was salaried. His annual salary was $19,200, and his semi-monthly paychecks were $800. 16. Green's day-to-day activities involved teaching, opemng and closing the school's facilities, performing maintenance on the school's facilities, and anything else that Employers requested he do. 17. Paychecks were payable on the 5th and 20th of each month, but were often late, partial, or otherwise not forthcoming. Employer was often late with paying paychecks. 18. The attached chart, labeled as Green's Exhibit A, which is herein incorporated by reference, delineates the dates and amounts that Green was due to be paid, along with the dates, amounts, and methods of actual payments. The paycheck distribution date on the chart accurately reflects the dates that each person was actually paid. The chart also provides a summary of liquidated damages for Employee Green pursuant to Indiana' s wage payment statute. 19. Sharon Todd, in her own capacity and on behalf of both Defendant corporations, repeatedly acknowledged Employers' debt to Green, assured Green that he would eventually be paid in full for the past due amounts. See Green's Exhibit B, which is herein incorporated by reference, and which includes emails sent by Ms. Todd to Ms. Green on October 5, 2013 ; February 9, 2014; May 21, 2014; and September 11 , 2014. COUNT I (Breach of Contract, Breach of Implied Contract, Late and Unpaid Wages) 20. Employees incorporate the allegations set forth in the previous paragraphs of this Complaint as fully as if set forth herein. COMPLAINT 3 21. Employee was in an at will employment relationship with Employer. The at will relationship is a contract that may be terminated at any time and for any reason in which labor is exchanged in consideration for wages. Employee traded his labor for wages with Employer. 22. Defendant violated the at will employment contract and the Indiana Wage Payment Statute (Ind. Code§§ 22-2-5, et seq.) by failing to pay wages for time worked by Employees, by paying late or by withholding pay altogether. 23. Indiana law requires the payment of wages to be paid by the employer at a date "established by the employer," but no fewer than 10 days after the end of the pay period. See I.C. 22-2-5-1. 24. Employer ch ose a date that met this requirement, the 5th and 20th day of each month. 25. Any employer that fails to make payment on time must not only pay the wages, but is liable to that employee in the amount of 10% per day of liquidated damages on any amount unpaid. Said liquidated damages are capped at 200%, or 20 days. See I.C. 22-2-5-2. 26. Any employee who suffers damages under Indiana' s wage claim law (I.C. 22-2-5-1 & 2), may bring a private ~ause of action for said wages and liquidated damages in any Court having jurisdiction. I.C. 22-2-5-2. 27. In any suit to recover said damages, the Court "shall tax and assess costs in said case a reasonable fee for the Employee's attorney or attorneys." I.C. 22-2-5-2. 28. Employee Green's claim is as follows: a. Green's regular bi-weekly paychecks were $800. b. For every day late, Employer owes Green $80. c. During the entire time that Green worked for Employers, he never received a single payment within 20 days of when it was due. As such, his entire expected salary of COMPLAINT 4 $38,000 for the nearly two years he worked for Employers is subject to the 200% liquidated damage maximum. Employer therefore owes Green $76,000 in liquidated damages. d. Employers eventually paid Green a total of $16,376, leaving $21,624 in unpaid wages. e. Green is therefore owed a total of$97,624 in unpaid wages and liquidated damages. f. Green has hired an attorney. Green's estimate of reasonable attorney fees to date is $3 ,500. COUNT II (Criminal and Civil Conversion) 29. Employee incorporates the allegations set forth in the prevwus paragraphs of this Complaint as fully a:; if set forth herein. 30. Pursuant to Indiana Code§ 34-24-3-1 , the amounts owed to the Employee by Employers are not just a simple debt, but constitute a specific chattel, determined by the precise amounts agreed to by Employee and Employers for wages. 31. Employer Sharon Todd lives on a 6-acre horse farm and uses Todd Academy and TA Fundamentals funds as her own. She also pays employees with personal checks on her individual bank account. She spends extravagantly and goes out to eat all the time while employees go unpaid. 32. In spending employee wages on extravagances, Employers knowingly exerted unauthorized control over property of the employees. See I.C. 35-43-4-3. As such, the deliberate and intentional non-payment of wages owed to Employees by Employers constitutes a wrongful taking of money. COMPLAINT 5 33. Pursuant to the parties' agreement on wages, Employers were obligated to pay Employees wages for work. By their course of dealing, Employers knew that Employees continued to work in exchange for payment of the agreed upon wages. 34. Because the civil conversion statute apples to the amounts owed to Employees, Employees are entitled to an award not to exceed three times the actual loss, the costs of this action and reasonable attorneys' fees. 35. Employee Green's claim is as follows: a. Green's regular bi-weekly paychecks were $800 and should therefore have been paid a total of $38,000 for the nearly two years he worked for Employers. b. Employe;:s eventually paid Green a total of $16;376, leaving $21,624 m unpaid wages. c. Green is therefore owed a total of $21,624 trebled to $64,872. d. Green has hired an attorney. Green' s estimate of reasonable attorneY fees to date is $3,500. COUNT III (Piercing the Corporate Veil Sharon L. Todd) 36. Employee incorporates the allegations set forth in the previous paragraphs of this Complaint as fully a!; if set forth herein. 37. At all times relevant herein Sharon L. Todd was the Chairman of the Board of Directors and Head of School j:Or The Todd Academy, Inc. , and also of Todd Academy Fundamentals, Inc. 38. Defendant Sharon L. Todd has a unity of interest in The Todd Academy, Inc. and Todd Academy Fundamentals, Inc. as she is involved in managing the business, empowered with the duties, responsibilities to bind, purchase, make payment and monetary arrangements, both long and short-term and maintain and manage contracts for the business of both corporations. COMPLAINT 6 39. Defendant Sharon L. Todd has made representations and bound The Todd Academy, Inc. and Todd Academy Fundamentals, Inc. to agreements that have been breached herein. 40. As a result of Defendants' The Todd Academy, Inc. and Todd Academy Fmidamentals, Inc. !:lnd Sharon L. Todd's breach of contract, Employee has incurred loss, attorney's fees, lost the benefit of the bargain in said agreements and costs of this action. 41. Employee therefore prays the court to pierce the corporate veil of The Todd Academy, Inc. and Todd Academy Fundamentals, Inc. and hold the Defendant Sharon L. Todd personally responsible for reasonable compensation for The Todd Academy, Inc. and Todd Academy Fundamentals, Inc.'s damages to the Plaintiff, attorney fees, cost of this action and for all other proper and just relief under the premises. REQUESTED RELIEF WHEREFORE, Employees, by counsel, respectfully requests the Court grant the following relief: a. $21 ,624 in unpaid wages as actual and compensatory damages under Counts I & II. Liquidated damages in the amount of $76,000 under Count I. b. c. Treble damages in the amount of $43,248 under Count II over and above the actual damages of$21,624 in unpaid wages. d. $3,500 in attorney fees, plus any additional attorney fees for time spent between the filing of the complaint and the entry of judgment. e. Additional unspecified damages-including but not limited to back wages and restitution, all in amounts to be proven at trial; f. Additional liquidated damages, treble damages, restitution, pre-judgment and post-judgment interest, as provided by Ind. Code §§ 22-2-5-2, the Indiana Crime Victim's Relief Act, and Indiana statute; g. COMPLAINT Costs of this action; and, 7 h. All other relief as this Court may deem just and proper. Respectfully submitted, Eric C. Bohnet, Attorney No. 24761-84 Attorney at Law 6617 Southern Cross Drive Indianapolis, Indiana 4623 7 Phone:317-750-8503 E-Mail: ebohnet@grnail.corn COMPLAINT 8 2013 Earnings Date Payment Type 4/22 5/22 6/7 7/15 9/21 check 2798 check 2974 check 2894 Amount $ $ $ check 2978 - bou nced cast $ check 2754 10/31 check 2934 12/5 cash 12/9 check 2802 $ Expectation: Date Amount 3/5 $ 800.00 3/20 4/5 4/20 $ $ $ 800.00 800.00 800.00 5/5 5/20 $ $ 800 .00 800.00 6/5 $ 800.00 6/20 7/5 $ $ 800.00 800.00 7/20 8/5 8/20 9/5 9/20 $ $ $ $ 800.00 . 800.00 800.00 800.00 10/5 10/19 $ $ 800.00 800.00 11/5 11/20 12/5 $ $ $ 800.00 800.00 800.00 12/20 $ 800.00 150.00 400.00 500.00 400 .00 400.00 $ 2,000.00 $ $ 400.00 500.00 Earning: $ 4,750.00 Expected: $16,000.00 Difference: $ 11,250.00 2014 Earnings Date Payment Type 1/3 2/1 2/4 3/5 3/21 3/28 4/24 4/30 5/8 5/12 Cash Cash Cash Cash Chase P2P Quick Pay Chase P2P Qui ckPay Chase P2P Quickpay Cash Chase P2P Quickpay Chase P2P Qu ickpay Amount 11.00 $ $ $ $ $ $ 800.00 6/7 Chase P2P Qu ickpay $ 2,250.00 7/9 7/23 8/5 8/6 8/11 8/21 8/27 9/22 Chase P2P Quickpay Paypal Chase P2P Quickpay Chase P2P Quickpay Chase P2P Quic kpay Cash Cash Cash 10/10 Cash $ $ $ $ $ $ $ $ $ 2/5 $ 800.00 2/20 $ 800.00 3/5 $ 800.00 3/20 $ 800.00 . 4/5 $ 800.00 4/20 $ 800.00 5/5 $ 800.00 5/20 $ 800.00 6/5 $ 800.00 6/20 $ 800.00 7/5 $ 800.00 7/20 $ 800.00 8/5 $ 800.00 8/20 $ 800.00 9/5 9/20 $ $ 800.00 800.00 10/5 $ 800.00 10/20 $ 800.00 150.00 100.00 $ $ $ 800.00 500.00 100.00 Chase P2P Quickpay Ca sh Cash $ 500.00 5/21 6/27 7/2 1/20 300.00 $ 500.00 $ 2,000.00 $ $ 1/5 Amount 800.00 $ Expectation: Date 800.00 100.00 100.00 150.00 500.00 200.00 100.00 105.00 100.00 60.00 200.00 100.00 2014 Earnings 11/14 Paypal 11/21 Check- 3010 12/8 Pay pal 11/5 $ 800.00 11/20 $ 800.00 12/5 $ 800.00 12/20 $ 800.00 $ 200.00 $ 1,000.00 $ 200.00 Earning: Expected: Difference: $ 11,126.00 $ 19,200.00 $ (8,074.00) 2015 Earnings D;;~te Payment Type 1/20 Paypal Amount $500 Expectation: Date 1/5 Amount 800.00 $ 1/20 $ 800.00 2/5 $ 800.00 2/20 $ 400 .00 Earning: $ 500.00 Expected: $ 2,800.00 Difference: $ {2,300.00) Gmail -Check 4/27/2015 ii Caitlin Green Check Sharon Todd To: Caitlin Green Sat , Oct 5, 2013 at 8:09AM Caitlin, I know everyone is scared and I am sorry . I am not running it all but legally I am the only one who can handle this part. I have delegated like crazy but a grant writer can't help us right now. We have two reasons this is a mess----they don't have our loan done and I have $117,000 tied up in escrow and we have nearly $100,000 in voucher tuition this year and won't get 1/2 of it until October 31 and the rest in February. I had planned to pay our summer funds out of loans instead paid it out of tuition then When they didn't close on time I have too much money tied up too front the voucher $. I have to come up with all of everything until those items clear. I didn't have the cash after summer to do that. .. so I've had to raise payroll every week. That's not something you can get a grant for .... Both of those and the loans will pay out this month--1 know they are scared and I'm doing everything humanly possible to fix it but some of this is not in my control and so what I have been doing is what I can. I do have the$ for the rest of D and am working on payroll for Monday. What he is behind is his summer construction money and I'm hoping to get that paid soon. Sharon Sent from my iPad On Oct 5, 2013, at 3:04AM, Caitlin Green wrote: Hi, I am emailing you in hope of making you understand a bit more. I feel like in text are being over looked. It is not just Demetrius. Your staff is afraid that this isn't just a one time thing, it has been months, and the lack of pay is something your past and present staff has had to suffer through. Avoiding them isn't making this better. They all love the kids so much but there is a line that has to be drawn. The only reason I haven't told D to stop showing up is the legal matter, but we are on the verge of losing everything. We both know D needs stability and for 4 years I gave him that, now he doesn't know month to month if he will have a home. He is depressed, he can't inspire students if he spends all day worrying if you are getting money to pay him . None of the teachers can and I know all you want is to give these kids a shot at a great future, but it isn't going to happen with teachers who are worried about bills and don't have the money to buy food. You have put everything you have into this school, and you don't want to lose it, but everyone is afraid for the future . You are one of the most stubborn people I know, and I know your kids! But if you want this school to flourish you have to stop being the director of everything. There are so many people who can help, but it seems like you are stuck on one thing and you want to solve it all yourself. Start delegating more, if you ever get the money get a grant writer or someone who's soul job is to getting the school money. Stop making this your job and your job only. This school that you started in someone's living room now has a full time unpaid staff and a building that is in need of repairs. This is too big, too many lives depend on its success. You need help Sharon, you can't do it all anymore. Everyone is depending on this, we https://mail.google.com/mail/u/O/?ui=2&ik=8aca9924da&view=pt&q=todd&qs=true&search=query&msg=14188859812008a2&siml=14188859812008a2 1/2 Gmail- Check 4/27/2015 c;re all just days away from disaster, and I am afraid everyone has a!! but lost hope. You can't hide from it, you have to get help. Stop being so stubborn, and start accepting you can't do this alone. https://mai l.google.com/m ail/u/O/?ui=2&i k=8aca9924da&view= pt&q=todd&qs=true&search=query&msg= 14188859812008a2&sim I= 1418885981200832 2/2 Gmail- D 4/27/2015 il Caitlin Green D Sharon Todd To: Caitlin Green Sun, Feb 9, 2014 at 1:02 PM Caitlin, I have told D and you that this will change. You reminding me that this is a mess doesn't help him or me. I am doing all I can. As soon as they finish this funding there will be plenty to correct the situation. File the $4200 and we will correct it later. I am not paying him because I am sending it somewhere else, I am not paying him because I am trying to keep everyone afloat until this settles. They tell me in the next 10 days so keep your fingers crossed that they finally have it right. If I had know that we would be this far out on funding I wouldn't have also saddled us with nearly $100K in voucher money we only get 2x a year or if I had know that we would have $117K in escrow tied up for 11 mo. we would have done several things differently. If any of that had been even a note on the horizon, we wouldn't have split the grade levels and had so much staff this year. We would have run the building combined but by the time we did it was too late to fix. Or add to the mess instead of vouchers being paid again in February, they are paying last day of March add that to the yeah, pile. It appears , and I am following it on a daily basis, that we will actually be getting money, shortly. The deal has been complex but I think they finally are getting it done. With that said, if I get this mess corrected, do you have vacation time over the summer? I want to send him to conference for Science and Math but will want to send you too. What kind of lead time will you need? I am doing all that I can, in addition to giving him extra gas money nearly every week and trying to keep this floating here. Sharon From: Caitlin Green Sent: Sunday, February 09, 2014 12:09 PM To: director@toddacademy. com Subject: D D and I really need to do taxes. Pretty sure we won't be getting refund but if we owe we need to figure it out now. I can't wait for you to get the 1099 done, but D and I added up the payments in bank account and we came to 4,200 from August to December so that is what we are going to report . I can send you copy of the 1099 for that if you would prefer. Secondly, I know you want to have D as a long term full time employee, but for that to happen a lot is going to need to change. Last semester you paid D about $2 an hour for his work. I know the school is struggling but we both know he is worth far more than $2 an hour. You are belittling him as an employee. On top of that we have lost all our savings and have racked up thousands in credit card debit. We no longer have any thing to fall back on like we did last semester. Basically what this comes down to is without a steady paycheck D will have to go find another job. We aren't asking for money so we can buy a house, or even rebuild savings. Just E-nough to keep interest down on credit card and pay our bills . I originally told you that a minimum he needs 400 a week or 800 every two weeks just to come out even . Even this is barely minimum wage for D, and you know h13 is worth well more than that. I know the school is struggling, but D has been opening, clos ing , picking up other employees, teaching and doing maintenance work on building . He goes in on the weekend and in the middle of blizzards to check on the school. If anyone at the school deserves to get a steady paycheck , it is him . Without a paycheck, he will not be able to continue to work there and you will lose him and all that he does to keep that school going. https://mail.google.com/mail/u/O/?ui=2&i k=8aca9924da&view= pt&q=todd&qs=true&search= query&msg= 14417d07225ab3eO&si m I= 14417d07225ab3e0 1/2 Gmail- update 4/27/2015 iI Caitlin Green update Sharon Todd To: Caitlin Green Wed, May 21, 2014 at 4:47 PM We are finally ~JOing to get our loan in and that will finish getting us caught up with you. I sent you money today but I think I am still short from last time .... how much? Doing all I can to push them along but finally we have the right stuff in place. Sharon Sent from my iPad [Quoted text hidd en] https://m ai l.google.com/m ai 1/u/0/?ui= 2&ik= 1f7daf2bf6&view= pt&q=todd&qs=true&search=query&msg= 1462089d20de895f&sim I= 1462089d20de895f 1/1 4/27/2015 Gmail - (no subject) Caitlin Green (no subject} Sharon Todd To: Caitlin Green Thu, Sep 11, 2014 at 8:57PM I'm am trying to resolve this. Sent from my iF'ad >On Sep 11 , 2014, at 6:11 F'M, Caitl in Green wrote: > > $3,790.00 short since 6/20 Almost $1 ,000 more than you were short this time last year and you still owe him $8,500 from last year. This is why I ask you ever day because every day we continue on a trend like last year, and last year never got better, last year put us in debt for the first time in 6 years, a debt that is just getting bigger every day. Yes your other teachers didn't get paid 2 twice this school year, but D has missed 6 paychecks now, almost 3 months of just enough money to cover gas so he can pick up the students that are paying to be there. > https://mail.google.com/mail/u/0/?ui =2&ik= 1f7daf2bf6&view=pt&q=todd&qs=true&search=query&msg= 148675d4a382214e&si mI= 148675d4a382214e 1/1