CASE NO.: C O M P L A I N T. Defendant, HARBOR HOUSE OF CENTRAL FLORIDA, INC., f/k/a Spouse Abuse, Inc., a/k/a

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1 IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: CAROL WICK, vs. Plaintiff, HARBOR HOUSE OF CENTRAL FLORIDA, INC., f/k/a Spouse Abuse, Inc., a/k/a Harbor House, OCCADV, Defendant. / C O M P L A I N T COMES NOW Plaintiff, CAROL WICK, by and through the undersigned attorney and sues Defendant, HARBOR HOUSE OF CENTRAL FLORIDA, INC., f/k/a Spouse Abuse, Inc., a/k/a Harbor House, OCCADV, and alleges as follows: JURISDICTION AND VENUE 1. This is an action for breach of contract damages and unpaid wages which exceed Fifteen Thousand and 00/100 ($15,000.00) Dollars, exclusive of attorney s fees, costs, and interest. 2. Defendant is a Florida not-for-profit corporation with its principal place of business in Orlando, Orange County, Florida. 3. The acts and omissions constituting the breach of contract and the unpaid wages occurred in Orlando, Orange County, Florida. 4. The contracts at issue in this case provide that the venue of the federal or state courts located in the State of Florida are the exclusive forum to resolve disputes under the contracts.

2 GENERAL ALLEGATIONS 5. Plaintiff and Defendant entered into a contract of employment, the material terms of which are set forth in an Employment Agreement. A copy of the Employment Agreement is attached hereto as Exhibit A. 6. The duration of the Employment Agreement was July 1, 2007, to June 30, Thereafter, the parties amended the Employment Agreement (the Amendment Agreement ). 8. The Amendment Agreement modified the Duration of the Employment Agreement, and the Compensation paid by Defendant to Plaintiff. All other terms of the Employment Agreement remained unchanged. 9. The duration of the Amendment Agreement was July 1, 2010, to June 30, The Amendment Agreement was executed by Plaintiff and the President of Defendant s Board of Directors, Vicki Johnson. 11. Plaintiff cannot locate a signed copy of the Amendment Agreement. 12. An unexecuted copy of the Amendment Agreement is attached hereto as Exhibit B. 13. Exhibit B sets forth the material terms of the parties amendment of the original Employment Agreement. 14. The parties accepted and ratified the terms of the Amendment Agreement through their mutual performance beginning July 1, At the expiration of the Amendment Agreement, Plaintiff and Defendant continued performing under the terms of the Employment Agreement as amended by the Amendment Agreement, including increasing Plaintiff s salary from time to time.

3 16. The Employment Agreement, Amendment Agreement, and the parties mutual performance and amendments thereafter, are collectively referred to as the Agreements. 17. Under the Agreements, Defendant employed Plaintiff as Defendant s Chief Executive Officer ( CEO ). 18. The Employment Agreement provides, in pertinent part: 8. In the event the Harbor House Board of Directors terminates this employment agreement or chooses not to offer the CEO a subsequent Agreement, it shall render 12 weeks notice and adhere to provisions set forth in paragraphs 9c and 12. Such notice is not required in the case of termination due to embezzlement or theft, as detailed in paragraph 9b. 9. Termination of Employment: a) During the term of this Employment Agreement, the CEO shall perform her assigned work in diligent, trustworthy, loyal, businesslike, efficient and satisfactory manner. A supermajority of the Board of Directors may terminate the CEO for failure to perform in such a manner, but is responsible to abide by the terms of this Agreement in executing such termination. The Board of Directors may terminate this agreement at any time by providing the CEO with written notice to terminate her employment. After such notice is provided, both parties agree to submit to mediation as set forth within the Board of Director's Policy Manual within two weeks of the time such notice is received by the CEO. If such mediation is unsuccessful, the CEO shall be deemed terminated. b) No termination or severance pay shall be paid to the CEO if the termination is for reasons of theft or embezzlement of agency assets or conviction of the employee of a felony or any crime that involves moral turpitude as defined by statue. c) If CEO is terminated for any reason except for the conditions defined in subparagraph b) above, the CEO shall receive all wages earned at the time of Employee's termination, a base of 3 months severance pay, plus an additional month of severance pay for each year with the organization. In addition, employee will be reimbursed costs associated for health insurance for the same time period she receives severance pay. Additionally, CEO will also be paid all accrued vacation. Exhibit A, emphasis added.

4 19. The parties never terminated, modified, or amended paragraphs 8 and 9 of the Employment Agreement. 20. On or about February 18, 2016, Defendant s Board of Directors terminated Plaintiff s employment. 21. Plaintiff s termination was not for reasons of theft or embezzlement of agency assets, or conviction of a felony or any crime that involves moral turpitude as defined by statue. Therefore, paragraph 9(b) of the Employment Agreement does not apply to Plaintiff s termination. 22. Defendant has failed to pay any of the items required by paragraphs 8 and 9c of the Employment Agreement. 23. In particular, Defendant has failed to: a. give Plaintiff 12 weeks notice, and pay Plaintiff s wages for those 12 weeks to which she is entitled. b. pay Plaintiff a base of 3 months severance pay. c. pay Plaintiff an additional month of severance pay for each year with the organization. d. reimburse Plaintiff for any of the costs associated for health insurance for the same time period she receives severance pay. e. pay Plaintiff any accrued vacation. COUNT I CLAIM FOR BREACH OF CONTRACT Plaintiff repeats and realleges paragraphs 1 through 23 as if they were incorporated verbatim within this Count. 24. Defendant s failure to abide by the terms of the Agreements, provide notice, make the payments and reimbursement set forth in paragraph 23, above, constitutes a material breach of contract.

5 25. Defendant s breach of contract has caused Plaintiff damages, including those items set forth in paragraph 23 above. 26. Because of Defendant s material breach of the Agreements, it has also become necessary that Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable fee for the attorney s services in bringing this action, plus necessary costs. 27. Plaintiff s claim for breach of contract is inextricably intertwined with Count II, Plaintiff s claim for unpaid wages and back wages. WHEREFORE, Plaintiff demands judgment against Defendant for all damages incurred by Defendant s breach of the Agreements, as well as all consequential damages which naturally flow from the above-described breach. Plaintiff also demands trial by jury. COUNT II CLAIM FOR UNPAID WAGES AND BACK WAGES Plaintiff repeats and realleges paragraphs 1 through 23 as if they were incorporated verbatim within this Count. 28. Defendant has failed to pay Plaintiff s wages and back wages by failing to pay Plaintiff wages which accrued during the 12 week notice period when Defendant was required to pay Plaintiff. 29. Defendant has failed to pay Plaintiff s wages by its failure to pay Plaintiff a base of three months severance pay, failing to pay Plaintiff an additional month of severance pay for each year with the organization, and failing to pay Plaintiff for her accrued vacation time. 30. Because of Defendant s material breach of the Agreements, it has also become necessary that Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable fee for the attorney s services in bringing this action, plus necessary costs.

6 31. Pursuant to , Fla. Stat.: The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney s fee. This action for unpaid wages, back wages, severance, and vacation pay entitles Plaintiff to attorneys fees and costs in the event she prevails Plaintiff s claim for unpaid wages and back wages is inextricably intertwined with Count I, Plaintiff s claim for breach of contract. WHEREFORE, Plaintiff demands judgment against Defendant for all unpaid wages and back wages, including: back pay for those 12 weeks to which Plaintiff is entitled; a base of 3 months severance pay; an additional month of severance pay for each year Plaintiff was with Defendant; and all accrued vacation pay. Plaintiff demands attorneys fees and costs pursuant to , Fla. Stat., , Fla. Stat., and , Fla. Stat. Plaintiff also demands trial by jury. Dated this day of March, Mark A. Nation, Esquire Board Certified Civil Trial Attorney Board Certified Business Litigation Attorney Florida Bar No.: The Nation Law Firm 570 Crown Oak Centre Drive Longwood, FL Phone: (407) Fax: (407) lryan@nationlaw.com (Primary) mnation@nationlaw.com; ppritchard@nationlaw.com (Secondary) Attorneys for Plaintiff 1 See, e.g., Speer v. Mason, 769 So. 2d 1102, 1104 (Fla. 4th DCA 2000); Strasser v. City of Jacksonville, 655 So. 2d 234 (Fla. 1st DCA 1995 ); Woods v. United Indus. Corp., 596 So. 2d 801 (Fla. 1st DCA 1992); Coleman v. Hialeah, 525 So. 2d 435, (Fla. 3rd DCA 1988); Ferry v. XRG Int l, Inc., 492 So. 2d 1101, (Fla. 4th DCA 1986).