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Andrew Kabat

From: Andrew Kabat

Sent: Thursday, February 1, 2018 12:37 PM
To: 'ross@burgerfi.com'
Cc: 'rachelw@burgerfi.com'; 'rforrest@burgerfi.com'; Shannon J. Polk
Subject: RE: sexual harassment daim/preservation of evidence

ross-

I learned that, despite our 1-30-18 email, and the prior complaints from your employees, mr. scimonelli continues to
have free access to the stores, and the employees, not surprisingly, he also continues to engage in unlawful conduct.

burgerfi has an obligation to provide a safe workplace, free from violence and harassment, thus far, burgerfi has chosen
not to honor its obligation. instead, burgerfi has supported and facilitated the illegal conduct, you undoubtedly know
that mr. scimonelli has been charged with aggravated battery of a pregnant woman, you also know that six people,
including three teenagers, have complained about persistent sexual harassment and violent behavior, yet, you continue
to refuse to take action.

I am asking again that you immediately suspend mr. sciminelli and ensure that he no longer has access to the employees
of the mentor and cuyahoga falls stores, alternatively, we ask that you place all of our clients on paid leave while this
matter is investigated and procedures can be implemented to ensure their safety, please advise how you wish to
proceed by way of a return email.

Andrew A. Kabat

HAB6R I POLK I KABAT

1300 W. 78 th Street Suite 305

Cleveland, Ohio 44102
D: (216) 325-0106
P: (216) 241-0700
F: (216) 241-0739
E: akabat@haberpolk.com

From: Andrew Kabat

Sent: Tuesday, January 30, 2018 4:29 PM
To: 'ross@burgerfi.com' <ross@burgerfi.com>
Cc: 'rachelw@burgerfi.com' <rachelw@burgerfi.com>; 'rforrest@burgerfi.com' <rforrest@burgerfi.com>; Shannon J.
Polk <spolk@haberpolk.com>
Subject: sexual harassment claim/preservation of evidence

dear ross-

please be advised that we represent the following burgerfi employees: robert crockett, abigail cleis, hannah wolford,
robyn bookman, leah mccullough and emma metzler. each of our clients have been subjected to unlawful conduct,
including persistent sexual harassment, assault, and battery in the course and scope of their employment with
burgerfi. what's more, burgerfi's corporate level management, including human resources, have been fully aware of
the unlawful conduct but, despite requests for help, have refused to take any action to protect their employees.
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you are receiving this email in your capacity as general counsel for burgerfi. we have also copied the human resources
generalist, rachel wavra, and regional manager rick forrest. please ensure that any and all communication regarding this
matter is directed to our attention, you do not have authority to speak to our clients directly about these matters.

the pattern and practice of illegal conduct (at least related to the clients we currently represent) began when michael
sciminelli was transferred by the corporate office to ohio. mr. sciminelli is in charge of the burgerfi corporate owned
stores in mentor and cuyahoga falls, each and every one of our clients reported to mr. sciminelli. likewise, mr. sciminelli
had the authority to hire, fire and/or discipline each of our clients, under ohio law, mr. sciminelli, mr. forrest, burgerfi,
and other individuals, are all considered employers of our clients.

among many other things, mr. sciminelli discussed sexually explicit matters with employees, employees heard about his
preferred sexual positions, nicknames, drug use and proclivity for bondage acts. mr. sciminelli even went so far as to
describe acts of domestic violence involving a former girlfriend by stating that he "roughed her up a little bit."

mr. sciminelli also invited employees to his apartment for drinks, indicating that they could then "see where things
go." mr. sciminelli even described for the employees what he anticipated or hoped would happen once everyone was
drunk, making statements along the lines of wanting to "bend" employees "over a table and fuck them." one of the
employees referenced by mr. sciminelli was a male manager and the other was a minor female who was working as a
cashier, mr. sciminelli was also fond of making lewd sexual remarks to the young women employees, making
statements such as: when you turn 18 you will be "tits legal" and that "age is just a number."

mr. sciminelli likewise attempted to use his position of power to obtain sex. for instance, he once called a female
manager from a strip club with "the top company brass," and indicated that she was so "beautiful" and she should "stick
with" him because he will take her "high up" in the company, this same employee was repeatedly touched, hugged,
rubbed and propositioned by mr. sciminelli. mr. sciminelli even advised a manager to hire cashiers who had "cute teeth"
and "big tits" since "sex sells."

mr. sciminelli also consistently made contact with the employees, he has the horrific practice of rubbing against the
front and sides of female employees, touching them with his body parts and his hands. whether it was on the line, at
the cash register or at the table, mr. sciminelli's hands and body were perpetually touching these young women without
their consent and against their express wishes, mr. sciminelli made contact with the womens' chests, legs, and buttocks.
mr. sciminelli also summoned employees in his tiny office, closed the door, and while standing in front of the door, he
would unbuckle his belt and pull his pants down, supposedly for the purpose of tucking in his shirt.

mr. sciminelli frequently raised his hands, at times with an object, and acted as if he was going to hit the young
women, one time, he actually pushed a minor female against the wall, and with her back turned, pulled her pony
tail. this conduct, coupled with mr. sciminelli's prior sexual harassment and domestic abuse problems, created a lot of
fear in the restaurant.

mr. sciminelli's conduct was well known to mr. forrest. mr. forrest received direct complaints about the conduct and
chose to do absolutely nothing. mr. forrest denied, without any investigation whatsoever, that mr. sciminelli could ever
engage in such conduct, placing him on a pedestal as an exemplary member of the corporate managerial staff, in fact,
mr. forrest apparently felt that such conduct was appropriate as he too propositioned an employee, advising her of his
pending divorce, calling her beautiful and then asking her back to his hotel.

please understand that this email includes only some of the examples of the illegal conduct; it is not meant to be
comprehensive, it is time for this unlawful conduct to stop. we believe that mr. sciminelli's employment with burgerfi
should be terminated immediately and that burgerfi explain to any future, potential employers exactly why his
employment has been terminated, if you are unwilling to do so at this point we ask, at a minimum, that you
immediately suspend mr. sciminelli and ensure that he no longer has access to the employees of the mentor and
cuyahoga falls stores, please advise of your intentions in that regard. the employees were not safe before this report
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and we have a real concern that mr. bdminelli will retaliate, causing further harm. indeed, our clients fully intend to
continue their employment with burgerfi. after all, they, as the victims, should not be forced to resign.

we also understand that there are video cameras in each store, we demand that you immediately preserve and protect
all prior video from both stores, do not take any action to destroy or alter the video, as well, please ensure that all
documents (including electronic communications such as emails, text messages, direct messages or social media posts)
concerning our clients, mr, sciminelli and mr. forrest be fully preserved and protected, finally, please ensure that the
computers used by mr. sciminelli and mr. forrest are preserved and protected in pristine form. since litigation is likely,
the foregoing constitutes evidence and destruction of same is illegal.

you should also understand that we do not believe that the arbitration and waiver of class action and jury trial
agreement applies, in any respect, to leah mccullough or abigail cleis; they were both minors at the time the agreement
was presented for execution, as well, we believe that the agreement is inapplicable to our clients' claims,
unconscionable, overly broad, and a contract of adhesion. finally, under any circumstance, the agreement applies only
to the "company", burgerfi and not its management/employees. thus, under the applicable law, we have direct claims
against burgerfi as well as several individuals, including but not limited to, mr. sciminelli and mr. forrest, which can be
filed in court.

we intend to file suit on 2-2-18. if you would like to discuss this matter prior to filing, please give me a call.

Andrew A. Kabat

HABBR I POU< I KABAT

1300 W. 78 th Street Suite 305
Cleveland, Ohio 44102
D: (216) 325-0106
P: (216) 241-0700
F: (216) 241-0739
E: akabat@haberDolk.com