Suit Against Kirk Smith, Religious Community Services

Case Number:19-001462-CI
Filing # 85580474 E-Filed 02/27/2019 12:10:46 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
SUZANNE RULEY, LISA MATZNER,

and ERICA WIEDEMANN, individually,
Plaintiffs,
v. Case No.
RELIGIOUS COMMUNITY SERVICES,

INC., CERTIPAY PEO SOLUTIONS VI,
INC. D/B/A CERTISTAFF VI, INC.,
MBA PAYROLL SERVICES II, INC.,
KIRK SMITH,
Florida corporations,
individually, JOHN GOLDSMITH,
individually, DENISE NESTOR,
individually, and MELINDA PERRY, and
individually,
Defendants. /
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiffs, SUZANNE RULEY, LISA MATZNER, and ERICA WIEDEMANN sue
Defendants, RELIGIOUS COMMUNITY SERVICES, INC, CERTIPAY PEO SOLUTIONS
VI, INC. and MBA PAYROLL SERVICES II, INC. and state:
1. Defendant, Religious Community Services, Inc. is a Florida corporation doing
business in Pinellas County, Florida (“RCS”).
2. Defendant, CertiPay PEO Solutions VI, Inc. does business as CertiStaff VI, Inc.,
is a Florida corporation, and does business in Pinellas County, Florida (“CertiPay”).
3. Defendant, MBA Payroll Services II, Inc. is a Florida corporation and does
business in Pinellas County, Florida (“MBA”).
4. The majority of facts underlying all causes of action occurred in Pinellas County,
Florida.
***ELECTRONICALLY FILED 02/28/2019 12:07:32 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
5. Plaintiff, Suzanne Ruley, is a Caucasian female over 40 years of age.
6. Plaintiff, Lisa Matzner, is a Caucasian female over 40 years of age.
7. Plaintiff, Erica Wiedemann, is a Caucasian female over 40 years of age.
8. From 2016 into 201 8, RCS’ staff handbook identified an employee leasing
company as the “employer” of workers at RCS.
9. Florida Statute §768.098 identifies the relationship between a Florida employee
leasing company and its client company as one of “joint employment”.
10. CertiPay is a Florida registered employee leasing company and its client company
was RCS at times relevant up to the Fall of 2017 and until the relationship between CertiPay and
RCS ceased.
11. CertiPay is required by Florida law to have the right of direction and control over
leased employees and the right to hire, terminate, discipline, and reassign the leased employees.
12. CertiPay had the right of direction and control over employees working at RCS
and the right to hire, terminate, discipline, and reassign those employees up to the Fall of 2017
and until the relationship between CertiPay and RCS ceased.
13. MBA is a Florida registered employee leasing company and its client company
was RCS at times relevant as of the Fall of 2017 When RCS’ relationship With CertiPay ceased.
14. MBA is required by Florida law to have the right of direction and control over
leased employees and the right to hire, terminate, discipline, and reassign the leased employees.
15. MBA had the right of direction and control over employees working at RCS and
the right to hire, terminate, discipline, and reassign those employees as of the Fall of 2017 when
RCS’ relationship With CertiPay ceased.
16. Suzanne Ruley worked at RCS. Suzanne Ruley’s 2016 IRS W-2 Form identified
her “employer” as Employee Leasing Company “CertiPay PEO Solutions IV, Inc.” Which does
business as CertiStaff VI, Inc.
17. RCS and CertiPay were Suzanne Ruley’s joint employers.
18. On August 1, 2005, Lisa Matzner was hired at RCS. Lisa Matzner’s 2016 and
2017 IRS W-2 Forms identified her “employer” as “CertiPay PEO Solutions IV, Inc.” which
does business as CertiStaff VI, Inc. Lisa Matzner was constructively discharged on October 9,
2017 at which time MBA may have had the right to control Ms. Matzner’s employment.
19. RCS and CertiPay were Lisa Matzner’s joint employers. MBA may have been
one of Lisa Matzner’s joint employers.
20. From 2016 into 201 8, Erica Wiedemann was Executive Director of The Haven at
RCS. The Haven is a domestic Violence center providing services to anyone impacted by
domestic Violence and advocating an end to domestic Violence.
21. Erica Wiedemann’s 2016 IRS W-2 Form identified her “employer” as “CertiPay
PEO Solutions IV, Inc.” which does business as CertiStaff VI, Inc.
22. Sometime in the Fall of 201 7, RCS stopped using CertiPay and started using
Employee Leasing Company MBA.
23. RCS and CertiPay were Erica Wiedemann’s joint employers until the Fall of 2017
and When the relationship between RCS and CertiPay ended. RCS and MBA were Erica
Wiedemann’s joint employers after the relationship between RCS and CertiPay ended.
24. The managers at RCS are employees of the applicable employee leasing
companies CertiPay and MBA. At all times relevant, the managers at RCS acted as agents of the
employee leasing companies CertiPay and MBA.
25. Kirk Smith is an African-American male Who was hired as President/CEO at RCS
in late 2016. At the time he was hired, he worked for RCS and was an employee of CertiPay. He
became an employee of MBA in the Fall of 2017 and when RCS’ relationship with CertiPay
ceased.
26. Smith, Goldsmith, Nestor and Perry engaged in wrongful acts against Plaintiffs in
Pinellas County, Florida.
27. Around December 5, 2016, Smith had a one on one meeting With Suzanne Ruley
at the RCS office in Pinellas County. Smith told Ms. Ruley:
a. her credentials meant nothing to him,
b. he didn’t want to hear about her fimdraising accomplishments With RCS or former
employers,
c. he “is the face of the organization” and she was not to show him up, and
d. he had a Vice-president try to overshadow him once and he had that VP fired.
28. Around December 8, 2016, Smith held his first management meeting at the RCS
Pinellas County office. A11 of the staff at that meeting were female and Smith stated to all in
attendance that they should appeal to his “ego” and tell him how “nice” he looks. Smith said all
should “dress up” and wear lipstick When attending meetings With him. Smith also threatened
everyone’s jobs. Suzanne Ruley and Erica Wiedemann were present at that meeting.
29. Smith would enter the RCS facility and announce that the “Alpha Male” had
arrived. He said it loud enough so the female RCS workers would hear him. Suzanne Ruley and
other female employees heard this. This made Suzanne Ruley and other female employees
uncomfortable.
30. At least six times over a two-month time period in late 2016, Smith screamed at
RCS worker J.G. (female), put her down verbally and threatened her job.
3 1. At least two times per week, Smith screamed at RCS worker M.R. (female) and
threatened her job.
32. RCS workers Suzanne Ruley, C. S. (female) and J. G. (female) were in a meeting
in C. S’s RCS Pinellas County office on December 28, 2016. Smith came into the doorway of the
office. J.G. asked Smith if he could move about five inches into the room so she could see him
without straining her neck. He refused to move, said it was an unreasonable request, and told the
female staff member that she should “hurt” to see him.
33. On January 4, 2017, Smith held his first meeting With Ms. Ruley’s development
team at RCS. The members of the team were all female and Smith:
a. spoke for 15-20 minutes about how all were dispensable,
b. declared he is the head of RCS human resources,
c. beat his chest and told the attendees they are to love him, and
d. said that an RCS female employee (A.T.) was in a dress and put on lipstick for a
meeting With him and said she improved her appearance just for him.
34. Immediately after a January 4, 2017 RCS development team meeting, non-
attending RCS staff asked the meeting attendees if they were okay because the staff overheard
Smith yelling about firing the attendees.
35. On January 5, 2017, Smith told Suzanne Ruley that she and RCS staff should lose
sleep about possibly losing their jobs.
36. On January 6, 2017, Smith held his second management meeting With RCS staff
at the Pinellas County office. A11 in attendance were female. Smith:
a. started the meeting by telling a sexist joke about women seeking the ideal man,
b. told attendees he has no problem firing people,

c. stated if anyone does not introduce him property to an important group, and With
the proper respect, he Will fire them, and
d. said “one day you Will be driving in your car and suddenly, without any
forewaming you Will start crying. The tears Will flow down your cheeks and you
Will wonder Why am I crying? And then it Will dawn on you. I love Kirk”.
37. RCS identifies itself to the IRS as a secular organization. On February 3, 2017,
Smith held a management team meeting which he opened With a prayer. Smith frequently called
himself a Visionary and often stated that he was sent by God to run RCS. On February 3, 2017,
Smith told a group of female managers that “God spoke to me to be here”.
38. Smith told a group of female managers, “I keep extra clothes in the car, I climb
the trees and use binoculars to keep an eye on you and you don’t even know”. This was
particularly disturbing to the female staff of the Haven Which housed female domestic Violence
Victims.
39. It was an ongoing pattern at RCS for Smith to repeatedly demean and scream at
female staff as well as threaten their jobs. Smith repeatedly demeaned Suzanne Ruley, Lisa
Matzner, and Erica Wiedemann and threatened them With job termination.
40. Ms. Ruley was Director of Development for RCS. As of August 2016, Suzanne
Ruley’s supervisor was RCS CEO/President Caitlin Higgins Joy (Caucasian female). As of
August 2016, Suzanne Ruley’s performance at RCS had been identified as “exceeding
expectations” in her performance evaluations.
41. On December 13, 2016, Suzanne Ruley informed Smith and RCS Board members
Peter Gibson, John Goldsmith, John Garrity, and Sandra Oliveres—Garcia that Ruley had been
diagnosed with cancer/leukemia/lymphoma and she had a compromised immune system.

42. Immediately after becoming aware of the cancer diagnosis, Smith added “special
events” to Suzanne Ruley’s job duties causing greater exposure to a greater number of people
Which could affect her compromised immune system.
43. In late 2016, Smith sent a holiday card to Suzanne Ruley stating “I’m grateful for
your commitment [and] expertise”.
44. On December 21, 2016, Suzanne Ruley completed paperwork under the Family
and Medical Leave Act (“FMLA”) for intermittent leave from work for time she would need to
undergo treatment due to her cancer.
45. Around December 27, 2016, Smith accused Suzanne Ruley of being behind in
fundraising revenue. Smith’s accusation was not consistent With Ruley’s records. Smith did not
review Ms. Ruley’s information and no performance plan was given to Ms. Ruley.
46. Around January 4, 2017, RCS received an exclusive invitation to apply for a
specific grant Which Ms. Ruley had been cultivating. Smith specifically warned Lisa Matzner not
to tell Suzanne Ruley about RCS receiving this invitation.
47. On January 5, 2017, Smith met With Ms. Ruley and verbally debated With himself
for around 15 minutes about the prospect of firing Ms. Ruley While Ms. Ruley listened.
48. On January 11, 2017 at 10:33 a.m., Suzanne Ruley sent a written request for
accommodation by e-mail to Kirk Smith, RCS HR representative Delores Cole and RCS Board
Chair John Goldsmith.
49. On January 11, 2017 around 3:00 p.m., Smith called Suzanne Ruley into his
office. Smith and RCS Board member Denise Nestor:
a. asked Why Ruley had sent the accommodations e-mail request,
b. criticized Ruley for sending the request to Goldsmith,

c. said Smith was the only one to communicate With regarding such matters,
d. told Ruley everyone at RCS loved her,
e. asked Ruley to resign and presented her with a pre-prepared separation
agreement,
f. threatened Ruley that signing the agreement would be best if she ever wanted to
be an executive director anywhere else, and
g. fired Ruley When she refused to resign.
50. Ruley had not been disciplined at RCS before being fired.
5 1. Ruley was replaced at RCS by a Caucasian male.
52. Suzanne Ruley suffered emotional pain and suffering, mental anguish,
humiliation, and loss of enjoyment of life which included aggravation of her medical condition,
heightened blood pressure, severe fatigue and digestive issues as a result of how she was treated
at the RCS workplace.
53. Lisa Matzner was promoted to Director of Development at RCS in 2006. In 2013,
Matzner’s supervisor was RCS CEO/President Caitlin Higgins Joy (Caucasian female) at the
RCS Clearwater, FL offices. Joy allowed Matzner to work for RCS from Matzner’s home in
Cape Coral as of June 2013.
54. On December 1, 2016, Lisa Matzner submitted paperwork to Smith and RCS for
FMLA leave due to her husband’s cancer diagnosis and treatment. She was granted intermittent
leave.
55. Ms. Matzner first met Smith in person in December 2016. Upon introducing
herself, Smith disappointedly exclaimed, “You don’t look anything like your picture”
referencing the RCS website’s staff page. In that picture, Ms. Matzner is wearing make-up and
had her hair curled. When meeting Smith, Ms. Matzner did not wear make-up and had her hair
pulled back in a bun. Smith asked Ms. Matzner What she thought about how he looked.
56. During Ms. Matzner’s second in-person encounter With Smith, Ms. Matzner
informed Smith that Ms. Matzner was a survivor of domestic Violence.
57. Ms. Matzner had a third in-person encounter With Smith in January 2017 at the
RCS Pinellas County office. Smith forcibly grabbed Ms. Matzner around the waist saying, “I
don’t see you enough, come here.” Smith roughly pulled Ms. Matzner against him. Ms. Matzner
was startled by What she perceived as invasive, unwelcome, physical contact.
58. On January 11, 2017, Smith told Ms. Matzner he was thinking about letting Ms.
Matzner use a portion of one of the RCS dry erase boards for information about grants. Ms.
Matzner stated she also had a large dry erase board. Smith asked “did you just tell me yours is
bigger than mine?”
59. On January 11, 2017, Smith stood physically close to Ms. Matzner in the RCS
Pinellas office and said, “One day Lisa you Will find yourself driving back home and you’ll just
start crying. The tears will just be streaming down your face. You Will have no idea Why until
you reflect. That is When you’ll realize you’re crying because you love Kirk Smith. Iwant you to
do me a favor and call me When that happens because it will.”
60. A few days after January 11, 2017, Smith scheduled a meeting With Ms. Matzner.
Smith was curt and started the meeting by saying; “I’m not sure if I’m going to keep you” saying
it had nothing to do With performance.
61. In March 2017, Ms. Matzner contacted Jeff Mueller (Caucasian male), Past Chair
of the RCS Board and head of the Human Resources Committee for RCS, by telephone. Ms.
Matzner complained to Mueller about Smith’s harassing, discriminatory and demeaning

behavior. Mueller directed Ms. Matzner to contact RCS Board Chair John Goldsmith.
62. Ms. Matzner made a telephone appointment With RCS Board Chair John
Goldsmith’s office for 3:30 p.m., April 12, 2017.
63. In the morning of April 12, 2017, Smith held a meeting With Ms. Matzner and
told her she had to work physically at the Clearwater RCS offices 50% of the time instead of
working from her home.
64. At 3:30 p.m. on April 12, 2017, Ms. Matzner called RCS Board Chair John
Goldsmith (Caucasian male) and complained to Goldsmith about Smith’s harassing,
discriminatory and demeaning behavior, his inappropriate touching of her and others, and
Smith’s hostility toward female employees. Goldsmith told Ms. Matzner the RCS Board was
“happy” With Smith.
65. On April 18, 2017, Suzanne Ruley filed a Charge of discrimination against RCS
and CertiPay With the Equal Employment Opportunity Commission.
66. On April 19, 2017, Smith met with Ms. Matzner and stated that his expectation
was that she was to work five consecutive days in the RCS Clearwater office and eventually full-
time there instead of working from her home. When she said she would make the five days
happen, Smith became visibly agitated and said he did not think Ms. Matzner would ever support
him.
67. As of April 24, 2017, Smith told Lisa Matzner his expectation that she work five
consecutive days in the RCS Clearwater office was “no rush, no biggie”.
68. On May 4, 2017, Smith sent Lisa Matzner an e-mail restating she only needed to
be in the RCS Clearwater offices five consecutive days each month. Smith also stated to Lisa
Matzner, “I think you’re doing an excellent job seeming and managing our existing grants Within
your capacity”.
69. On April 25, 2017, RCS female worker Delores Cole sent a Charge of
discrimination to the Equal Employment Opportunity Commission against RCS and CertiPay.
Cole’s complaint included statements that Smith would give unwanted hugs to, and touched,
female staff members including Ms. Matzner.
70. As of May 14, 2017, Lisa Matzner was aware that she and other RCS staff had
verbally complained about Smith, Within RCS and to the RCS Board, and filed two written
Charges with the Equal Employment Opportunity Commission. Smith’s treatment of RCS
female staff continued to be harassing and Ms. Matzner sent a written memorandum to RCS
Board members John Goldsmith and Jeff Mueller. In the memo, Ms. Matzner reported “abuse”
by Smith and included that:
a. She had read that in Smith’s job prior to RCS he was identified as “bullying
showing a pattern of behavior consistent With staff grievances at RCS”,
b. another female RCS employee had reported sexual harassment and aggressive
hugging by Smith but was required to accompany Smith to a media event in
Tampa after she had complained,
c. the female employee hugged by Smith felt she had to make up an excuse to ride
separately from Smith due to feeling unsafe With Smith,
d. the female employee hugged by Smith told Matzner that Smith had continuously
touched her and sometimes Smith physically hurt her during the Tampa event,
and
e. Matzner’s “sense of urgency for action is not yet shared by the Board of
Directors, thus it is my hope the research here will provide you With enough
information to conduct an investigation into the claims and allegations made
against Mr. Smith in both EEOC filings and verbal reports of sexual harassment
and a hostile work environment”.
71. Goldsmith, Mueller, nor anyone else on behalf of RCS or CertiPay responded to
Ms. Matzner’s May 14, 2017 memo.
72. On May 3 1, 2017, Smith sent Lisa Matzner an e-mail stating that her job would
be relocated to Clearwater fulltime as of October 1, 2017. He stated that the decision had nothing
to do With her “work performance” and that she brought a “wealth of knowledge and skill” to her
job.
73. On June 2, 2017, Lisa Matzner responded to Smith’s May 3 1, 2017 e-mail and
copied the RCS Board HR Committee members Jeff Mueller, Rich Walling, and Larry Higgins.
Ms. Matzner stated she was still considering relocation to Clearwater but that she had exceeded
fiscal year grant goals by $32,920 working from her home.
74. On June 5, 2017, Smith told Ms. Matzner he was aware of the written memo she
had sent to John Goldsmith and Jeff Mueller. Smith put Ms. Matzner on probation for 45 days.
75. On June 5, 2017, Smith sent Lisa Matzner an aggressive e-mail and warned Lisa
Matzner to stop “engaging” RCS Board members in conversations and to only communicate
With him stating, “I have no appetite to articulate every detail of my concerns With staff to board
members. . .for the benefit and safety of RCS, we should avoid blurring lines between
management and governance. .

.”
76. On July 5, 2017, Smith issued Lisa Matzner an Employee Counseling for
“falsification of records, improper conduct, insubordination, abusive language on the job and
deliberate attempt to disparage RCS”. Ms. Matzner had never been previously disciplined.
Smith’s allegations were false and unsupported.
77. On August 16, 2017, Lisa Matzner requested FMLA leave due to the hostile
environment at RCS and the retaliatory acts which caused her serious stress and anxiety.
78. When Lisa Matzner returned after her FMLA leave, RCS had eliminated her
position as Director of Grants Development. RCS forced Lisa Matzner into a newly created
position of Director of Compliance/Administrative Support. She was to oversee compliance
issues even though she had been retaliated against for reporting noncompliance.
79. RCS, through CertiPay agents, treated Ms. Matzner such that her working
conditions become so intolerable that a reasonable person in Ms. Matzner’s position would
have felt compelled to resign and Lisa Matzner was constructively discharged on October 9,
20 1 7.
80. Lisa Matzner’s job duties were assigned to an African-American female.
8 1. Lisa Matzner suffered emotional pain and suffering, mental anguish, humiliation,
and loss of enjoyment of life Which included severe loss of weight, anxiety, digestive issues,
nausea and insomnia as a result of how she was treated at the RCS workplace.
82. From late 2016 into 201 8, Erica Wiedemann reported to RCS Chief Operating
Officer Melinda Perry (Caucasian female) and RCS President Kirk Smith (African-American
male.
83. In July 2017, Erica Wiedemann drove to the emergency room from work at RCS
and spent several weeks in the hospital.
84. Ms. Wiedemann was on medical leave from August 2017 to December 2017
returning to work on December 15, 2017.
85. On December 15, 2017, a Haven Advisory Committee meeting was held at RCS.
Smith and RCS staff (all female) attended. Smith complained that “I love you Kirk” wasn’t
written on the Haven dry erase board.
86. On January 23, 201 8, Smith held a meeting with Ms. Wiedemann during Which he
stated that While she was on leave, he noticed a lack of activity in the Haven Advisory
Committee. Smith ordered Ms. Wiedemann to take control of the Committee and gave Ms.
Wiedemann a long list of “to do” items. Those expectations were all to be completed by April
201 8.
87. Smith and Perry complained to Ms. Wiedemann holding her responsible about
things that had occurred While Ms. Wiedemann was on medical leave.
88. On February 21, 201 8, Smith and Melinda Perry (Caucasian female) came to The
Haven for an alleged “site inspection”. Smith, Perry, R. S. (RCS Caucasian, female employee), J.
G. (RCS Caucasian, female employee) and Ms. Wiedemann stepped into the Haven building
Where minors gather. Smith strangely looked in the rooms, looked up at the ceiling lights, asked
if the building was bugged, and asked if he was being recorded. Smith then began to speak at
length about gender and race.
89. On March 1, 201 8, Smith and Perry gave a tour to a potential new RCS board
member. RCS’s Outreach Manager J. S. (Caucasian female) gave the tour. During the tour,
Smith condescendingly said to the potential new member that he gives “them” (indicating
Caucasian females Wiedemann and J. S.) “all the ideas and they just carry them out”.
90. After the March 1, 2018 tour, RCS staff member H. M. (Caucasian female)
commented about how shocked she was at how Smith belittled the female staff in front of the
tour guest. H. M. also reported that Smith looked her up and down “like men do”. H. M. stated
Smith made her uncomfortable and she was unable to stand up to Smith because he had the
power to fire her.
91. On March 2, 201 8, Smith held a meeting with senior staff. During the meeting
Smith had tears in his eyes and complained that people have been personally attacking him. He
then threatened those attending stating, “You cannot get rid of me.” Smith yelled, “Tell me why
you should not be fired today? At any time, I could ask you this. Be prepared to tell me. I’m
serious.”
92. Smith would try to pit female employees against each other.
93. Smith told Ms. Wiedemann that her senior staff disrespected her and that
employee Lisa Matzner complained about her.
94. Smith knew Ms. Ruley had a hospital appointment for December 29, 2016. On
that same date, Smith phoned Ms. Wiedemann at home at 7:00 am. and told Ms. Wiedemann
Ms. Ruley was trying to take over, Wiedemann needed to call Ms. Ruley immediately, and to
handle the matter “as a boss”.
95. Smith asked Ms. Wiedemann if Lisa Matzner had spoken negatively about him.
Ms. Wiedemann stated that she did not want to be involved. Smith told Ms. Wiedemann if she
lied to him, he would fire her.
96. Employees became aware that Smith had ordered the installation of listening
devices at RCS. RCS never informed the staff of this.
97. On March 5, 201 8, Erica Wiedemann’s attorney sent a letter to RCS Board Chair
John Goldsmith as Board Chair and as an attorney Whose firm represented RCS. Ms.
Wiedemann’s attorney complained that the Board Chair, the RCS Board, Smith and Perry were
protecting, fostering and furthering a corporate culture of discrimination and other illegal acts.
98. On March 8, 2018, Ms. Wiedemann was called into Perry’s office and given a
“final” written warning. Ms. Wiedemann had never been given any prior “warnings”. In the
March warning, RCS acknowledged her attorney’s letter saying Ms. Wiedemann’s “failure to
follow chain of command has also created a distraction for the President/CEO and myself.”
99. On March 13, 2018, Ms. Wiedemann sent a written response to the 3/8/18
warning referencing that she hired an attorney to protect her legal rights against discrimination.
100. Ms. Wiedemann sent Charges against RCS and MBA to the Equal Employment
Opportunity Commission on March 15, 201 8.
101. On April 23, 2018, Smith and Perry issued an “Employee Counseling” to Ms.
Wiedemann With accusations including alleged acts that have “been ongoing for the past several
years”. Wiedemann had never been given any prior “warnings”.
102. Ms. Wiedemann responded to the April 23, 201 8 “Employee Counseling” stating
that any low morale claimed by RCS was related to the hostile work environment at RCS.
103. On April 26, 201 8, Smith stated at an RCS staff meeting that “I can say hi to you
in passing or at a meeting but I may still be mad at you and Will get you later”.
104. After Erica Wiedemann responded to the 4/23/ 1 8 Counseling she was subjected to
further “counselings” and her work With RCS was terminated on June 26, 2018.
105. Erica Wiedemann suffered emotional pain and suffering, mental anguish,
humiliation, and loss of enjoyment of life which included nausea, depression, vomiting and
digestive issues as a result of how she was treated at the RCS workplace.
106. Delores Cole is a Caucasian female Who worked at RCS as Executive Assistant to
the CEO and as Human Resources Administrator until Smith was hired in late 2016.
107. When Ms. Cole would wear a dress to work, Smith would say he “really, really
liked” her dress and made her uncomfortable.

108. Ms. Cole was present at the December 8, 2016 meeting When Smith told the
women to appeal to his “ego”, “dress up” and wear lipstick When attending meetings with him,
and they could all be fired.
109. Ms. Cole observed Smith:
a. give unwanted hugs to female staff members Lisa Matzner and R. S,
b. place his hands—on female staffs’ shoulders While at their desks, and
c. say to female staff member R. G “give me some love”.

110. Delores Cole was demoted to HR clerk at RCS as of February 2017 but several
female staff members still came to her complaining about Smith. They said they felt they had
nowhere else to complain.
111. Delores Cole told her RCS supervisor, Bette Anthony (female), about the
complaints against Smith. Ms. Anthony told Ms. Cole to direct the complaining employees to the
Board of Directors and to review the employee handbook. Ms. Cole did both.
112. Bette Anthony and another female RCS worker, R.G., complained to RCS Board
Chair John Goldsmith about a hostile environment and harassment by Smith at RCS. John
Goldsmith said the RCS Board would not react to just a couple of workers complaints. He
analogized RCS workers to “plants” and stated that the Board would take no action if only one or
two plants die. He said it would be different if all the “plants” died. No action was taken by the
RCS Board.
113. Bette Anthony resigned because of the hostile environment at RCS. RCS replaced
her with an African-American male.
114. Delores Cole observed Smith bring guests through the RCS administrative offices
and introduce female staff as “problem employees 7, ,

LL
trouble-makers” and “juvies”.
115. Delores Cole overheard, and been included in, conversations at RCS in Which
Smith engaged in off—color jokes.
116. Delores Cole attended a meeting at the RCS Pinellas County office With Smith
and Bette Anthony (female) and RCS worker M. P. (female). M. P. questioned whether Smith’s
Exec. Asst. was completing her time reporting correctly in that she would come and go without
reporting it. Smith retaliated against the three screaming at Cole and Anthony and disciplining
M. P.
117. On March 3 1, 2017, Delores Cole attended a management meeting Where Smith
said, “I am a great CEO. Don't question me. Iknow What I am doing. If you question me or
anything that I do, you are insubordinate.”
118. A. T. is a Caucasian female Who is over 40 and was hired at RCS in November
2014 as the Director of the RCS Food Bank located in Pinellas County.
119. A. T’s 2016 W-2 identified her employer as CertiPay PEO Solutions IV, Inc.
d/b/a CertiStaff VI, Inc.
120. A. T’s supervisor prior to Smith was RCS CEO/President Caitlin Higgins Joy
(Caucasian female). A. T. received good appraisals into 2016.
121. In December 2016, A. T. met with Smith. She wore a dress to the meeting and
had on lipstick. Smith said she should put on lipstick and wear skirts more often. A. T. felt
Smith’s comments were inappropriate.
122. The RCS Food Bank was going to go through a U.S. Department of Agriculture
123. (“USDA”) audit in March 2017. The Food Bank did not pass the preaudit which
was done by Feeding America Tampa Bay. The Food Bank warehouse manager D. D. (African-
American male) had not been doing his job. A. T. had to fire him.
124. D. D’s position was fimded by a grant so RCS/CertiPay had the money to fill the
vacant position. Instead, Smith required female A. T. to work both jobs, manage operations and
staff, do all the moving, lifting, dragging and pulling of 80+1b. inventory and drive large vehicles
to prepare for the audit.
125. RCS passed the full March 2017 USDA inspection With flying colors. Kirk said to
A. T. that he could now “show his pretty face” at Feeding America.
126. On May 3 1, 2017, it was determined that A. T. had two incarcerated hernias, had
emergency surgery, was hospitalized and had to recover at home over a seven-week period.
127. Around September 27, 2017, A. T. still worked at RCS but RCS was
interviewing others for A. T’s position. When A. T. questioned RCS management about this, she
was told that it was not her business.
128. On October 19, 2017, A. T. attended an RCS staff meeting in Pinellas County.
During the meeting, Smith called female A. T. out as a bad manager giving five examples. A11
of Smith's examples were factually inaccurate and were meant to humiliate A. T.
129. It was a common pattern at RCS for Smith to repeatedly harass, demean, scream
at, and threaten female RCS workers. Smith repeatedly threatened Suzanne Ruley, Lisa Matzner,
Erica Wiedemann, J. G., M. R., D. C., A. T. and other female staff member’s jobs.
130. Suzanne Ruley, Lisa Matzner, Erica Wiedemann, D. C., and A. T. never saw, or
heard, Smith threaten male staff members’ jobs.
13 1. Smith threatened to fire and harassed Suzanne Ruley, Lisa Matzner, Erica
Wiedemann, D. C., A. T. and other female employees at RCS on an ongoing, daily basis.
132. RCS’ President and Board Chair took intentional steps to prevent staff from
asserting their rights and making complaints about the work environment at RCS including:
Smith removed D. C. (Caucasian female) from her job as Human Resources at
RCS.
Around January 4, 2016, Smith announced he was head of HR.
Smith chastised Suzanne Ruley for copying a Board member With her written
request for disability accommodation.
Smith announced that the staff’ s employer (the employee leasing company) could
only be contacted With his “consent and preparation”.
Melinda Perry had been hired by Smith. Smith made Perry A. T’s supervisor.
Perry warned A. T. not to talk to RCS Board members about RCS business.
Smith warned Lisa Matzner to stop “engaging” Board members in conversations
and to only communicate With him.
When employees complained to Goldsmith, he referred to the employees as
“plants”.
COUNT I
Disability Discrimination, Interference, and Failure to Accommodate
under the Florida Civil Rights Act by Suzanne Ruley against RCS and CertiPay
133. This is a cause of action by Plaintiff, Suzanne Ruley, against RCS and CertiPay.
134. This is a cause of action for equitable relief and damages in excess of $15,000.00.
135. Suzanne Ruley reasserts paragraphs 1-132 as if fully set forth here.
136. RCS President Smith and RCS Board member Nestor were aware that Ms. Ruley
had diabetes.
137. As of December 12, 2016, Smith, Nestor and other RCS Board members were
aware that Ms. Ruley had been diagnosed With cancer.
138. Plaintiff, Ruley’s, medical conditions of diabetes and cancer limit one or more of
her major life activities and are recognized disabilities under the FCRA.
139. At all times material, Plaintiff had a record of a disability Which RCS and
CertiPay had knowledge through RCS’ President and Board of Directors.
140. Plaintiff, Ruley, is and was at all times relevant a qualified individual With a
disability/handicap Within the meaning of the FCRA.
141. RCS and CertiPay are employers Within the meaning of the FCRA.
142. Smith knew Ms. Ruley had a hospital appointment on December 29, 2016
associated With her cancer. On that same date, Smith phoned Erica Wiedemann at home at 7:00
am. and told Ms. Wiedemann Ms. Ruley was trying to take over at RCS, she needed to call Ms.
Ruley immediately, and to handle the matter “as a boss”.
143. On January 8, 2017, Smith sent an e-mail stating Ms. Ruley was no longer to
attend RCS board executive/finance committee meetings.
144. Joint employers RCS and CertiPay violated the FCRA by interfering With Ms.
Ruley’s disability rights by engaging in practices that would discourage employees from
notifying employers of disabilities or pursuing accommodations.
145. RCS and CertiPay’s duly authorized agents and/or employees acted on behalf of
RCS and CertiPay, Within the scope of their employment, and violated the FCRA by
intentionally discriminating against Ruley because of her handicap /disabi1ities and for reasons
arising from discrimination including:
a. failing to initiate and/or meaningfully participate in an interactive process
mandated by the FCRA in determining a reasonable accommodation for Plaintiff,
b. failing to provide a reasonable accommodation to Plaintiff of time off for
appointments, treatment, and recuperation from treatment,

c. adding job duties that put Plaintiff into high-risk situations due to immunity
concerns,
d. adding job duties that create exposure to large groups of people Which statistically
indicate increased exposure to potential illnesses, and
e. adding job duties that expected lifting of more than 25 pounds.
146. RCS and CertiPay violated the FCRA by firing Ms. Ruley because of her
handicap/disability.
147. Ms. Ruley had never been disciplined at RCS before she was fired.
148. RCS and CertiPay terminated the employment of the Plaintiff without just cause.
149. As a direct and proximate result of the intentional discriminatory acts and
practices of RCS and CertiPay, their agents and/or employees, included discriminatory discharge
of Ms. Ruley’s employment Ms. Ruley suffered injury and continues to suffer injury.
practices of RCS and CertiPay, Ms. Ruley suffered injury and continues to suffer injury
including past and future loss of income and other employment benefits, aggravation of her
medical condition, emotional pain and suffering, mental anguish, humiliation, loss of enjoyment
of life, embarrassment, severe fatigue, digestive issues, damage to her reputation and other past
and future pecuniary losses.
15 1. A11 conditions precedent for the filing of this suit have been performed or
occurred.
152. On April 20, 2017, Plaintiff Ruley filed Charges of discrimination against RCS
and Certipay with the Equal Employment Opportunity Commission (RCS EEOC No. 51 1-2017-
0 1 660 and CertiPay EEOC No. 5 1 1-20 1 7-0 1 66 1) alleging discrimination including
handicap/disability discrimination. Copies of the Charges are attached as Composite Exhibit
“”.A
153. Charges filed with the EEOC are deemed filed under the FCRA.
154. Over 180 days have passed since Ruley filed her Charges of discrimination.
Pursuant to §760.11 Florida Statutes, Ruley is entitled to institute this action as if the Florida
Commission on Human Relations had determined that there was reasonable cause to believe that
the discriminatory employment practices by the Defendants had occurred in Violation of the
Florida Civil Rights of Act of 1992.
155. Plaintiff has had to retain the services of the undersigned attorney to protect her
rights.
WHEREFORE, Plaintiff, SUZANNE RULEY, demands judgment against Defendants,
RELIGIOUS COMMUNITY SERVICES, INC. and CERTIPAY PEO SOLUTIONS VI, INC.
D/B/A CERTISTAFF VI, INC.:
(a) Enjoining discrimination in the future on the basis of an employee's protected
class;
(b) Awarding front pay to Plaintiff;
(c) Awarding back pay and other economic damages to Plaintiff;
(d) Awarding compensatory damages to Plaintiff for emotional pain, loss of
enjoyment of life and humiliation;
(e) Awarding punitive damages to Plaintiff;
(f) Awarding Plaintiff interest, and reasonable attorney’s fees and costs of this action;
and
(g) Awarding such other relief as this Court deems appropriate.

COUNT II
Gender Discrimination under the Florida Civil Rights Act
by Plaintiffs Ruley, Matzner and Wiedemann against RCS, CertiPay and MBA
156. This is a cause of action by Plaintiffs, Suzanne Ruley, Lisa Matzner and Erica
Wiedemann against Religious Community Services, Inc., CertiPay PEO Solutions VI, Inc. d/b/a
CertiStaff VI, Inc. and MBA Payroll Services II, Inc.
158. Plaintiffs reassert paragraphs 1-132 as if fully set forth here.
159. At all times relevant, Plaintiffs were employees as defined by Florida Statute
§760.02.
160. At all times relevant, Defendants, Religious Community Services, Inc., CertiPay
PEO Solutions VI, Inc. and/or MBA Payroll Services II, Inc. were employers and joint
employers of Plaintiffs as defined by Florida Statute §760.02 (7).
161. At all times relevant, Kirk Smith and Melinda Perry were acting Within the course
and scope of their agency with these Defendants.
162. At all times relevant, John Goldsmith and other RCS Board members were acting
within their authority as managers over Plaintiffs.
163. Plaintiffs are female. Plaintiffs’ gender was a factor that prompted Smith, Perry,
Goldsmith and RCS Board members to discriminate against Plaintiffs in the terms and conditions
of their employment.
164. Defendants discriminated against Plaintiffs in the terms and conditions of their
employment because of Plaintiffs’ gender.
practices of RCS, CertiPay, and MBA, and their agents and/or employees, Plaintiffs suffered
injury, and continue to suffer injury, including past and future loss of income and other
employment benefits, emotional pain and suffering, mental anguish, humiliation, loss of
enjoyment of life and costs associated With obtaining reemployment, embarrassment, damage to
their reputation and other past and future pecuniary losses.
166. A11 conditions precedent for the filing of this suit have been performed or
occurred.
167. In April 2017, Plaintiff Ruley filed Charges of discrimination against RCS and
Cetipay With the Equal Employment Opportunity Commission (RCS EEOC No. 51 1-2017-
01660 and CertiPay EEOC No. 51 1-2017-01661). Copies of the Charges are attached as
Composite Exhibit “A”.
168. In August 2017, Ms. Matzner sent Charges against RCS and Certipay to the Equal
Employment Opportunity Commission (RCS EEOC No.: 51 1-2017-02564 and CertiPay EEOC
No. 51 1-2017-02558). In April 201 8, Ms. Matzner sent a Charge against RCS to the Equal
Employment Opportunity Commission (Charge No.: 51 1-201 8-03291). Copies of the Charges
are attached as Composite Exhibit “B”.
169. In March and August 201 8, Ms. Wiedemann sent a Charge and Amended Charge
against RCS and MBA to the Equal Employment Opportunity Commission. The EEOC sent the
Charges to the Pinellas County Office of Human Rights for investigation (RCS PC—1804-080;
EEOC 51 1-201 8-02389 and MBA PC—1804-08 EEOC 51 1-201 8-02390). Copies ofthe
1;
Charges are attached as Composite Exhibit “C”.
171. Over 180 days have passed since Ruley, Matzner and Wiedemann filed their
Charges of discrimination. Pursuant to §760. 11 Florida Statutes, Plaintiffs are entitled to institute
this action as if the Florida Commission on Human Relations had determined that there was
reasonable cause to believe that the discriminatory employment practices by the Defendants had
occurred in Violation of the Florida Civil Rights of Act of 1992.
172. Plaintiffs have had to retain the services of the undersigned attorney to protect
their rights.
WHEREFORE, Plaintiffs, SUZANNE RULEY, LISA MATZNER and ERICA
WIEDEMANN demand judgment against Defendants, RELIGIOUS COMlVIUNITY

SERVICES, INC, CERTIPAY PEO SOLUTIONS VI, INC. and MBA PAYROLL SERVICES
II, INC:
class;
(b) Awarding front pay to Plaintiffs;
(c) Awarding back pay and other economic damages to Plaintiffs;
(d) Awarding compensatory damages to Plaintiffs for emotional pain, loss of
(e) Awarding punitive damages to Plaintiffs;
(f) Awarding Plaintiffs interest, and reasonable attorney’s fees and costs of this
action; and
COUNT III
Hostile Environment Because of Gender under the Florida Civil Rights Act
§760.02.
177. At all times relevant as indicated in this Complaint, Defendants, Religious
Community Services, Inc., CertiPay PEO Solutions VI, Inc. and/or MBA Payroll Services II, Inc.
were employers and joint employers of Plaintiffs as defined by Florida Statute §760.02 (7).
178. At all times relevant, Kirk Smith and Melinda Perry were acting Within the course
and scope of agency for Religious Community Services, Inc., CertiPay PEO Solutions VI, Inc.
and/or MBA Payroll Services II, Inc.
179. At all times relevant, John Goldsmith and other RCS Board members were acting
within their authority as managers over Plaintiffs.
180. Plaintiffs are female. Plaintiffs’ gender was a factor that prompted Smith, Perry,
Goldsmith and RCS Board members to discriminate against Plaintiffs in the terms and conditions
of their employment by creating and fostering a hostile environment because of Plaintiffs’
gender.
18 1. Smith’s, Goldsmith’s and Perry’s acts against Plaintiffs’ and other females at RCS
were motivated by general hostility to the presence of women in the workplace.
182. Smith’s, Goldsmith’s and Perry’s harassing, discriminatory and demeaning acts
toward Plaintiffs and other females at RCS was unwelcome.
183. Religious Community Services, Inc., CertiPay PEO Solutions VI, Inc. d/b/a
CertiStaff VI, Inc. and MBA Payroll Services II, Inc., as employers, are responsible for acts of
sexual harassment and hostile environment in the workplace.
184. Religious Community Services, Inc., CertiPay PEO Solutions VI, Inc. d/b/a
CertiStaff VI, Inc. and MBA Payroll Services II, Inc. knew or should have known of the
discriminatory conduct by their agents.
185. RCS, CertiPay and MBA condoned Smith’s, Goldsmith’s and Perry’s acts against
Plaintiffs and other females at RCS.
186. RCS, CertiPay and MBA did nothing to prevent or correct the discriminatory acts
by Smith, Goldsmith and Perry against Plaintiffs and other females at RCS.
187. The totality of the circumstances set forth in this Complaint of threatening and
humiliating conduct against, and around, Plaintiffs establish that Religious Community Services,
Inc., CertiPay PEO Solutions VI, Inc. d/b/a CertiStaff VI, Inc. and MBA Payroll Services II,
Inc’s acts were severe or pervasive and interfered With Plaintiffs’ work performance creating an
intimidating, hostile, or offensive working environment.
enjoyment of life, anxiety, nausea, digestive issues, embarrassment, damage to their reputation
and other past and future pecuniary losses.
occurred.
1;
their rights.

II, INC:
class;
(C) Awarding back pay and other economic damages to Plaintiffs;
action; and
COUNT IV
Race Discrimination under the Florida Civil Rights Act
§760.02.
PEO Solutions VI, Inc. and/or MBA Payroll Services II, Inc. were joint employers of Plaintiffs.
A11 Defendants were employers as defined by Florida Statute §760.02 (7).

201. At all times relevant, Kirk Smith was acting Within the course and scope of his
agency With Religious Community Services, Inc., CertiPay PEO Solutions VI, Inc. and/or MBA
Payroll Services II, Inc.
202. RCS, CertiPay and MBA did nothing to prevent or correct the discriminatory acts
by Smith against Plaintiffs.
203. The totality of the circumstances set forth in this Complaint establish that
Religious Community Services, Inc., CertiPay PEO Solutions VI, Inc. d/b/a CertiStaff VI, Inc.
and MBA Payroll Services II, Inc’s acts interfered With Plaintiffs’ work.
occurred.
206. Plaintiffs are Caucasian.
207. Plaintiffs’ race was a factor that prompted Smith to discriminate against Plaintiffs
in the terms and conditions of their employment.

1;
21 1. Charges filed with the EEOC are deemed filed under the FCRA.
their rights.

II, INC:

class;
(C) Awarding back pay and other economic damages to Plaintiffs;
action; and
COUNT V
Retaliation under the Florida Civil Rights Act
by
Plaintiffs, Ruley, Matzner and Wiedemann against RCS, CertiPay and MBA
Wiedemann against RCS, CertiPay and MBA.
216. Plaintiffs reassert paragraphs 1- 132 as if fully set forth here.
§760.02.
PEO Solutions VI, Inc. and/or MBA Payroll Services II, Inc. were employers of Plaintiffs as
defined by Florida Statute §760.02 (7).
219. Suzanne Ruley engaged in protected acts including:
a. notifying Smith and RCS Board members that Ruley had been diagnosed With a
form of cancer and she had a compromised immune system,

asking for intermittent leave to undergo treatment because of her cancer,
notifying of a need of accommodation to Kirk Smith, RCS HR representative
Delores Cole, and RCS Board Chair John Goldsmith.
220. RCS and CertiPay retaliated against Suzanne Ruley including:
subjecting Ms. Ruley to a hostile work environment,
adding “special events” to Suzanne Ruley’s job duties causing her greater
exposure to a greater number of people,
accusing Suzanne Ruley of being behind in fundraising,
telling Ms. Wiedemann Ms. Ruley was trying to take over at RCS and she needed
to call Ms. Ruley immediately about that,
criticizing Ruley for sending her accommodation request to Goldsmith,
asking Ruley to resign,
threatening Ruley that signing a separation agreement would be best if she ever
wanted to be an executive director anywhere else, and
h. firing Ruley.
221. The constellation of circumstances, expectations, and relationships set forth in this
Complaint show that the acts of RCS and CertiPay against Ms. Ruley well might have dissuaded
a reasonable worker from making or supporting a charge of discrimination.
222. Lisa Matzner engaged in protected acts including:
asking for intermittent leave due to her husband’s cancer diagnosis and treatment,
notifying Jeff Mueller about Smith’s harassing, discriminatory and demeaning
behavior toward female workers,
notifying John Goldsmith about Smith’s harassing, discriminatory and demeaning

behavior toward female workers,
notifying John Goldsmith about Smith’s inappropriate touching of her and other
female workers,
notifying John Goldsmith about Smith’s hostility toward female workers,
asking for leave due to her own stress,
being identified in an EEOC Charge response submitted by Delores Cole on
August 18, 2017, and
filing Charges of Discrimination With the EEOC in August 2017.
223. RCS and CertiPay retaliated against Lisa Matzner including:
subjecting Ms. Matzner to a hostile work environment,
Smith saying; “I’m not sure if I’m going to keep you”,
Smith telling Ms. Matzner she had to work physically at the Clearwater RCS
offices 50% of the time instead of working from her home,
Smith telling Ms. Matzner she had to work five consecutive days in the RCS
Clearwater office and eventually full-time there, and
Smith accusing Ms. Matzner that she would never support him.
224. RCS and CertiPay and/or MBA retaliated against Lisa Matzner including
eliminating her position as Director of Grants Development, forcing her into a newly created
position of Director of Compliance/Administrative Support and constructively discharging her.
Complaint show that the acts of RCS, CertiPay and MBA against Ms. Matzner well might have
dissuaded a reasonable worker fiom making or supporting a charge of discrimination.
226. Erica Wiedemann engaged in protected acts including:

taking medical leave from August 2017 to December 2017,
on March 5, 201 8, notifying RCS Board Chair John Goldsmith that Smith and
Perry were protecting, fostering and furthering a corporate culture of
discrimination and other illegal acts,
sending a written response to a 3/8/ 1 8 warning notifying RCS and MBA that she
hired an attorney to protect her legal rights,
filing Charges With the EEOC, and
sending a written response to a 4/23/ 1 8 counseling notifying RCS and MBA that
any low morale was related to the hostile work environment.
227. RCS and MBA retaliated against Erica Wiedemann including:

subjecting Ms. Wiedemann to a hostile work environment,
accusing Ms. Wiedemann of lack of activity in the Haven Advisory Committee
while she was on leave,
telling Ms. Wiedemann that her senior staff disrespected her,
on March 8, 201 8, being given a “final” written warning without any prior
warnings,
on April 23, 201 8, being issued an “Employee Counseling” including alleged acts
that have “been ongoing for the past several years” without any prior “warnings”,
Smith stating that “I can say hi to you in passing but I Will get you later”,
and
g. firing Ms. Wiedemann.
Complaint show that the acts of RCS and MBA against Ms. Wiedemann well might have
dissuaded a reasonable worker fiom making or supporting a charge of discrimination.
occurred.
23 1. In April 2017, Plaintiff Ruley filed Charges of discrimination against RCS and
1;

their rights.

II, INC:
class;
(b) Enjoining discrimination in the future on the basis of an employee's protected
activity;
(c) Awarding front pay to Plaintiffs;
(d) Awarding back pay and other economic damages to Plaintiffs;
(e) Awarding compensatory damages to Plaintiffs for emotional pain, loss of
(f) Awarding punitive damages to Plaintiffs;
(g) Awarding Plaintiffs interest, and reasonable attorney’s fees and costs of this
action; and
(h) Awarding such other relief as this Court deems appropriate.
COUNT VI
Tortious Interference against Smith and Nestor Individually by Suzanne Ruley
237. This is a cause of action by Plaintiff, Suzanne Ruley, against Kirk Smith and
Denise Nestor.
238. This is a cause of action for damages in excess of $15,000.00.
239. Plaintiff reasserts paragraphs 1- 132 as if fully set forth here.
240. Plaintiff had a business relationship With Religious Community Services and
CertiPay as an employee.
241. Defendants, Smith and Nestor, had knowledge of Plaintiff” s business relationship
with Religious Community Services and CertiPay.
242. As a manager and supervisor, Smith was in a position to effect Plaintiff’ s
employment at Religious Community Services and CertiPay.
243. As an RCS Board Member, Nestor was in a position to effect Plaintiff” s
employment at Religious Community Services and CertiPay.
244. Defendants Smith and Nestor intentionally, maliciously and in an unjustified
manner, interfered with the relationship between Plaintiff and Religious Community Services
and CertiPay by terminating Plaintiff” s employment.
245. Defendant Smith acted in direct contradiction to the rules, regulations, processes
and procedures at Religious Community Services and CertiPay by harassing Plaintiff,
threatening Plaintiff” s job, threatening Plaintiff’ s reputation, and terminating Plaintiff With
ulterior purposes.
246. Defendant Smith acted in direct contradiction to the law by harassing Plaintiff,
retaliating against Plaintiff and terminating Plaintiff With ulterior purposes.

247. Defendant Nestor acted in direct contradiction to the law and rules, regulations,
processes and procedures at Religious Community Services and CertiPay by not preventing or
correcting discriminatory acts against Ruley.
248. Defendant Nestor acted in direct contradiction to the law and rules, regulations,
processes and procedures at Religious Community Services and CertiPay by retaliating against
Plaintiff and terminating Plaintiff with ulterior purposes.
249. Defendants Smith and Nestor acted outside the best interests of Religious
Community Services and CertiPay.
250. Plaintiff was damaged as a result of these Defendants’ interference.
25 1. Plaintiff has suffered damages including loss of wages and other employment
benefits, loss of enjoyment of life, loss of self—esteem, inconvenience, humiliation, severe fatigue
and digestive issues because of the Defendants’ actions.
252. Plaintiff reserves the right to seek punitive damages from these Defendants upon a
showing as required by Florida law.
WHEREFORE, Plaintiff, SUZANNE RULEY, asks this Court to take jurisdiction over
this cause and Defendants KIRK SMITH and DENISE NESTOR, and demands judgment against
these Defendants awarding:
(a) Economic damages to Plaintiff;
(b) Compensatory damages to Plaintiff for emotional pain, loss of enjoyment of life
and humiliation;
(c) Plaintiff interest, and costs of this action; and
(d) Such other relief as this Court deems appropriate.
COUNT VII
Tortious Interference against Smith and Goldsmith Individually by Lisa Matzner
253. This is a cause of action by Plaintiff, Lisa Matzner, against Kirk Smith and John
Goldsmith.
256. Plaintiff had a business relationship With Religious Community Services,
CertiPay and MBA as an employee.

257. Defendants Smith and Goldsmith had knowledge of Plaintiff” s business
relationship With Religious Community Services, CertiPay and MBA.
258. As a manager and supervisor, Smith was in position to effect Plaintiff’ s
employment at Religious Community Services, CertiPay and MBA.
259. As an RCS Board member, Goldsmith was in a position to effect Plaintiff’ s
employment at Religious Community Services, CertiPay and MBA.
260. Smith harassed Plaintiff, retaliated against Plaintiff and constructively discharged
Plaintiff.
261. Goldsmith was aware of Smith’s harassment and retaliation of Plaintiff.
Goldsmith agreed to and ratified Smith’s harassment, retaliation and constructive discharge of
Plaintiff.
262. Defendants Smith and Goldsmith intentionally, maliciously and in an unjustified
manner, interfered with the relationship between Plaintiff and Religious Community Services,
CertiPay.
263. Defendants Smith and Goldsmith acted in direct contradiction to the rules,
regulations, processes and procedures at Religious Community Services, CertiPay and MBA by
retaliating against Plaintiff, harassing Plaintiff and constructively discharged Plaintiff With
ulterior purposes.
264. Defendants Smith and Goldsmith acted in direct contradiction to the law by
retaliating against Plaintiff, harassing Plaintiff and constructively discharging Plaintiff With
ulterior purposes.
265. Defendants Smith and Goldsmith acted outside the best interest of Religious
Community Services, CertiPay and MBA.
267. Plaintiff has suffered damages including loss of wages and other employment
benefits, loss of enjoyment of life, loss of self—esteem, inconvenience, humiliation, severe loss of
weight, digestive issues, nausea and insomnia because of these Defendants’ actions.
WHEREFORE, Plaintiff, LISA MATZNER, asks this Court to take jurisdiction over this
cause and Defendants KIRK SMITH and JOHN GOLDSMITH, and demands judgment against
these Defendants awarding:
and humiliation;
COUNT VIII
Tortious Interference against Smith, Perry and Goldsmith Individually
by Erica Wiedemann
269. This is a cause of action by Plaintiff, Erica Wiedemann, against Kirk Smith,
Melinda Perry and John Goldsmith.
272. Plaintiff had a business relationship With Religious Community Services and
MBA as an employee.
273. Defendants, Smith, Perry and Goldsmith had knowledge of Plaintiff’ s business
relationship With Religious Community Services and MBA.
274. As managers and supervisors, Smith and Perry were in positions to effect
Plaintiff” s employment at Religious Community Services and MBA.
275. As an RCS Board member, Goldsmith was in a position to effect Plaintiff’ s
employment at Religious Community Services and MBA.
276. Smith and Perry harassed Plaintiff, retaliated against Plaintiff and discharged
Plaintiff.
277. Goldsmith was aware of Smith’s and Perry’s harassment, retaliation and
discharge of Plaintiff. Goldsmith agreed to and ratified Smith’s and Perry’s harassment,
retaliation and discharge of Plaintiff.
278. Defendants Smith, Perry and Goldsmith acted in direct contradiction to the rules,
regulations, processes and procedures at Religious Community Services and MBA by harassing,
retaliating against and discharging of Plaintiff With ulterior purposes.
279. Defendants Smith, Perry and Goldsmith acted in direct contradiction to the law by
harassing, retaliating against and discharging of Plaintiff With ulterior purposes.
280. Defendants Smith, Perry and Goldsmith acted outside the best interests of
Religious Community Services and MBA.

28 1. Defendants Smith, Perry and Goldsmith intentionally, maliciously and in an
unjustified manner, interfered With the relationship between Plaintiff and Religious Community
Services and MBA.
283. Plaintiff has suffered damages including loss of wages and other employment
benefits, loss of enjoyment of life, loss of self—esteem, inconvenience, humiliation, nausea,
vomiting and digestive issues because of these Defendants’ actions.
WHEREFORE, Plaintiff, ERICA WIEDEMANN, asks this Court to take jurisdiction
over this cause and Defendants KIRK SMITH, MELINDA PERRY and JOHN GOLDSMITH,
and demands judgment against these Defendants awarding:
and humiliation;
COUNT IX
Negligence against Smith, Goldsmith, Perry and Nestor Individually
for Conspiring/Agreeing to Discharge by all Plaintiffs
285. This is a cause of action for damages in excess of $15,000.
286. Plaintiffs reassert paragraphs 1- 132 as if fully set forth here.
287. This is a cause of action for negligence and negligence per se.
288. The duty violated by Defendants, Kirk Smith, Melinda Perry, John Goldsmith and
Denise Nestor is set out in Fla. Stat. §488.045 Which provides in part that, “If two or more
persons shall agree, conspire, combine or confederate to cause the discharge of any person from
work in such firm or corporation; such persons so combining shall be deemed guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
289. The duty is created in Fla. Stat. §448.045 for persons not to agree, conspire,
combine or confederate together to cause the discharge of anyone from their work.
290. A cause of action in negligence per se is created When a penal statute is designed
to protect a class of persons against a particular type of harm.
291. Plaintiffs are members of the class of persons intended to be protected by the duty
set forth in Fla. Stat. §448.045.
292. As managers and supervisors, Smith, Perry, Goldsmith and Nestor were in
positions to effect Plaintiffs’ employment at RCS and CertiPay.
293. Smith and Nestor were aware that Ms. Ruley had diabetes.
294. Ms. Ruley informed Smith, Goldsmith and Nestor of her cancer diagnosis and
sent a written request for accommodation to Smith and Goldsmith. Smith told Ms. Ruley Smith
communicated With Goldsmith regarding such matters and fired Ms. Ruley thereafter.
295. Goldsmith was Smith’s supervisor and Smith could not have discharged Ms.
Ruley if Goldsmith had objected.
296. Nestor was present When Ms. Ruley’s employment was terminated and raised no
objection.
297. Smith, Goldsmith and Nestor agreed, conspired, combined or confederated to
cause the discharge of Ms. Ruley from RCS and CertiPay.

298. Ms. Matzner reported Smith’s harassing, discriminatory and demeaning behavior,
his inappropriate touching of her and others, and Smith’s hostility toward female employees to
Goldsmith. Goldsmith protected Smith and told Ms. Matzner he was “happy” With Smith.
Matzner if Goldsmith had objected.
300. Smith and Goldsmith agreed, conspired, combined or confederated to cause the
constructive discharge of Ms. Matzner from RCS, CertiPay and MBA.
301. Goldsmith was aware of Smith’s harassing, discriminatory and demeaning
behavior, toward Ms. Wiedemann. Goldsmith protected Smith and was “happy” With Smith.
Wiedemann if Goldsmith had objected.
303. Smith was Perry’s supervisor and Perry could not have discharged Ms.
Wiedemann if Smith had objected.
304. Smith, Perry and Goldsmith agreed, conspired, combined or confederated to cause
the discharge of Ms. Wiedemann from RCS and MBA.
305. Defendants Smith, Goldsmith, Nestor and Perry have violated a duty, and
engaged in the type of harm, described in Fla. Stat. §448.045, by agreeing, conspiring,
combining or confederating together to cause the discharge of Plaintiffs from their work at RCS.
306. These Defendants’ negligence in Violating the duty set out in Fla. Stat. §448.045
was the proximate cause of Plaintiffs’ job terminations.
307. These Defendants are strictly liable for their acts of agreeing, conspiring,
combining or confederating together against a person the duty in Fla. Stat. §448.045 was
intended to protect.
308. Plaintiffs have suffered damages including loss of wages and other employment
benefits, loss of enjoyment of life, loss of self—esteem, inconvenience, humiliation digestive
issues and nausea because of these Defendants’ actions.
WIEDEMANN, ask this Court to take jurisdiction over this cause and Defendants KIRK
SMITH, JOHN GOLDSMITH, MELINDA PERRY and DENISE NESTOR, and demand
judgment against these Defendants awarding:
(a) Economic damages to Plaintiffs;
(b) Compensatory damages to Plaintiffs for emotional pain, loss of enjoyment of life
and humiliation;
(c) Plaintiffs interest, and costs of this action; and
COUNT X
Negligence against Smith for Hateful Acts Directed at Plaintiffs
309. This is a cause of action for damages in excess of $15,000.
3 10. Plaintiffs reassert paragraphs 1- 132 as if fully set forth here.
3 1 1. This is a cause of action for negligence and negligence per se.
3 12. The duty violated by Defendant, Kirk Smith, is set out in Fla. Stat. §784.048
Which provides in part that a person Who willfully, maliciously, and repeatedly harasses, another
person “commits the offense of stalking, a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083”.
3 13. A cause of action in negligence per se is created When a penal statute is designed
to protect a class of persons against a particular type of harm.
3 14. Fla. Stat. §784.048 defines “harass” as engaging in a course of conduct directed at
a specific person Which causes substantial emotional distress to that person and serves no
legitimate purpose.
3 15. Fla. Stat. §784.048 defines “course of conduct” as a pattern of conduct composed
of a series of acts over a period of time, however short, Which evidences a continuity of purpose.
3 16. The duty is created in Fla. Stat. §784.048 for persons not to engage in a harassing
course of conduct against another.
3 17. Plaintiffs are members of the class of persons intended to be protected by the duty
set forth in Fla. Stat. §784.048.
3 1 8. Defendant Smith violated a duty, and engaged in the type of harm, described in
Fla. Stat. §784.048, by engaging in a pattern of demeaning, threatening and harassing Plaintiffs
causing substantial emotional distress to Plaintiffs While serving no legitimate purpose.
3 19. Smith’s negligence in Violating the duty set out in Fla. Stat. §784.048 was the
proximate cause of Plaintiffs’ injuries including loss of wages and other employment benefits,
loss of enjoyment of life, loss of self—esteem, and humiliation.
320. Smith is strictly liable for his course of harassing conduct.
WIEDEMANN, ask this Court to take jurisdiction over this cause and Defendant KIRK SMITH
and demand judgment against this Defendant awarding:
(a) Economic damages to Plaintiffs;
(b) Compensatory damages to Plaintiffs for emotional pain, loss of enjoyment of life
and humiliation;
(c) Plaintiffs interest, and costs of this action; and

DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury of all claims and issues so triable
PATRICE A. PUCCI, P. A.
/S/ Patrice A. Pucci

Patrice A. Pucci, Esq.
695 Central Avenue

Suite 274
St. Petersburg, Florida 33701
Telephone: (727) 894-4516
lawpucci@gmail.com
Florida Bar No.: 52 1 991
ATTORNEY FOR PLAINTIFFS

CIVIL DIVISION

Plaintiffs,
V.

KIRK SMITH,
individually,
Defendants. /
EXHIBIT “A”
V
CHARGE OF DISCRIMINATION AGENCY CHARGE NUMBER
This form is afi‘ecled by the Privacy Act of 1974: See Privacy Act
__ FEPA
Statement bcforc complcling [his Form. X EEOC
Commission on Human Relations and EEOC.

*5 )L 9014 ~ O J £1563
Florida
State or local Agency. ifam
NAME HOME TELEPHONE (Include ma code)
Suzanne Ruley
STREET ADDRESS CITY. STATE AND ZIP CODE DATE OF BIRTH
NAMED Ié THE EMPLOYER. LABOKORGTAMZATION. EMPLOYMENT AGENCY. APPRENTICESHIP cO’M‘MITTEE. STATE 0R LOCAL
GOVERNMENT AGENCY wno DISCRIMINATED AGAINST ME urmore than one list below)
NAME uHoint Employer NUMBER OF EMPLOYEES, TELEPHONE (Include area code)
Religious Community Services, Inc. MEMBERS

'5*
(727) 584—3582
STREET ADDRESS CITY. STATE AND ZIP CODE COUNTY

503 S. Martin Luther King, Jr. Ave., Clearwater, FL 33756 Pincllas
NAME ofJoinl Employer NUMBER OF EMPLOYEES.
TELEPHONE (Include area code)
CertiPay PEO Solutions V], Inc. (800) 422—3782 MEMBERS 15‘
STREET ADDRESS CITY. STATE AND ZIP com: COUNTY
1801 Hobbs Road, Auberndale FL 33823
CAUSE OF DISCRIMINATION BASED ON (Check appropriate h(mcs) _)\_ Racc___CoIm X Sex ”DATE DISCRIMINATION TOOK PLACF.
__Religion __National origin X Retaliation X Age X Disability X Olhcr (Specifw Earliest Latest
Harasxmcm Nov 20l6 Jan. H. 2017
THE PARTICULARS ARE (If additional space is needed. attach extra sheets(s):
l.STATEMENT OF HARM
Iam a Caucasian female. am over 40 years of age. worked a‘l I Reiigious Community Services, Inc. as Director of
Development. As ofAugust 2016, had been identified as “exceeding expectations" with
I
my job performance. The “employer"
listed on my W-Z was CertiPay PEO Solutions IV, Inc. d/b/a CertiStaff VI. Inc.
Kirk Smith (African-American male) was hired as President/CEO at RCS in late 2016. On 12/8/16. Mr. Smith held his first
management meeting and statedall should appeal to his
“ego" and tell him how "nice" he looks. All of the staff at that meeting
were female.
Smith directed the femalestaff that they should wear lipstick to meetings with him. Smith said that he loved the lilt in one female
member's voice when she says his name. He commented to others how one female staff member always wore a dress
staff
and make—up when he met with her. He was heard entering the RCS building announcing that the “Alpha Male" had arrived.
Smith humiliated female employees by unnecessarily sending out individual counseling messages to many e—mai! recipients.
CONTINUED 0N PAGE 2 0F 2
Received
II. RESPONDENT‘S REASON FOR ADVERSE ACTION 3 q Q
r
g g
‘” "
Smith claimed l had not been performing myjob. I '
m. STATEMENT 0F DISCRIMiNATlON Tampa Field Office

I believe thathave been discriminated against because am disabled, female, over 40. and not African-American in violation of
I I
Titie VII of the Civi! Rights Act of 1964, as amended. the Americans with Disabihties Amendmem Act, Age Discrimination in
Employment Act‘ and the Florida Civil Rights Act and have been retaliated against because asked for accommodations and
| |
leave.
i
local
I want
Agency. ifan):
this charge filed with both the
l will advise the
EEOC and
agencies ifI change
lhc State or
my
SIG A 3
F COMPLAINANT
address or telephone number and cooperaie fully with ‘hem in the .v

processing ofmy charge in accordance with their procedures. _%/rswcar or amrm that I have read the above charge and that il is true to the best ofmy
knowiedgc, information and belief.
I declare u er penalty ofpcrjury that the foregoing is (ruc and NOTARY (When necessary for State and Local Requirements)
correct.
K MALE
Subscribed and Sworn t0 Me this _\_(__ day ot‘April 2017.
CthKg Pany. (Signature)

Date: é
t
(l lao/7
Signature
Seal:
O uh")tar}
'
. .
i “vigififisvfiygugmflgg
'
"V I"
CHARGE OT: DIS(TRl.-\H.\'.~\TIU.\' AGENCY CHARGE NUMBER
This form is affected by the Privacy Act of 1974; See Privacy Act __ FEPA
Stawmenl before completing this form. X EEOC
Florida Commission on Human Relations and EEOC.

5 w l
-
90211 ~
01660
_
State or local Agencv, ifam
NAME
Suzanne Ruley
Page 2 of 2
During a meeting on 12/28/16. Smith came into the doorway of an office where a meeting was being held by three female
staff members. One female staff member asked Smith if he could move about five inches into the room so she could see
him without straining her neck. He refused to move. said it was an unreasonable request, and told the female staff
member that flshould “hurt" to see film.
Sm‘nh told me that he didn’t want to hear aboux my accomplishments. He said he didn‘t behave in me identifying my
educational qualifications with my name in correspondence. However, he always included “C. PhD" after his name by
which he meant “Candidate for PhD“.
On 1/5/17, Smith told me that RCS staff should lose sleep about working at RCS. and the threat of possibly losi‘ng their
jobs‘ He called me “immature" and stated he had talked about me outside of RCS (to donors. former employers, etc‘).
He removed the female staff member, who was doing me HR work, from that posmon, announced he was now :he head
of HR, and repeatedty told female RCS employees he could fire anyone for any reason. He said he didn’t believe in
writing people up and would just fire them. One female staff person stated he commented on her age.
Smith harassed me and other female employees on an ongoing basis by repeatedly demeaning us. screaming at us, and
threatening to fire us.
On 12/13/16. | had been diagnosed with leukemia/lymphoma. asked for help because of my heahh
informed Smith that | ‘
explained to Smith that needed to undergo tests on an ongoing basis and had a compromised
condition/disability. l |
immune system, Later on 12/13, shared my leukemia diagnosis with RCS Board members Peter Gipson. John
l
Goldsmith. John Garrity‘ and Sandra Oliveres-Garcia.
Immediately after becoming aware of my diagnosis. Smith added special events to my 10b duties causing greater
exposure to a greater number of people causing greater concern for my compromised immune system.
On 12/21/16, completed paperwork under the Family and Medical Leave Act for the leave would need to undergo tests
|
l
on an ongoing basis. My doctor completed the FMLA forms on 12/30. Smith approved the intermittent leave on 1/4/16. l
did not need leave related to my compromised immune system so that was not included in the FMLA paperwork. On
1/1 1/17. I sent a written request for accommodation by e—mail to RCS to put in writing my prior verbal request that | not be
put into high-risk situations due to immunity concerns.
Within 1V2 momhs of Smith's hiring, 1 month of Smi‘h's awareness of my diagnosis. 5 days of approving my FMLA Ieave
and 4 ‘/z hours of my written request for accommodation due to immunity concerns. Smith questioned why sent the |
accommodations request, criticized me for sending to the Board members. asked me to resign. presented a pre-
it
prepared separation agreement, threatened that sig ning the agreement would be best if ever wanted to be an executive |
X
director and fired me.
l want this charge filed with both the EEOC and the State or SIGN
A
U F COMPLAINANT
W
local Agency, ifany. I will advise the agencies ifl change my
address or telephone number and cooperate fully with them in the
processing ofmy charge in accordance with their procedures. W5; or affirm xhax I haw read xhc ahow charge and th h i5 Irue to me besx of my
knowledge. information and belief.
der penahy ofpcrjury that the foregoing is true and NOTARY (When necessar) for Stale and Local Requirements)
and sworn w Ma this LL day ot’Apru 201 7.
Subsidy
Marging
Date:
Party, lSigna/ure)
// £0 / 7
Signature ofNolary
Sea):
‘
O
He ca...i_\./..e.d;. k
2) v
I")
’
"x u;
Tampa Field Office

CHARGE 0F DISCRIMINATION AGENCY CHARGE NUMBER I
This form is affected by the Privacy Act of 1974; See Privacy Act __ FEPA
Statement before completing this form. X EEOC
5) )
:9 O b6)
State or local Agencv, if auv
NAME HOME TELEPHONE (Includé ma code)

Suzanne Ruley
STREET ADDRESS CITY, STATE AND ZIP CODE DATE OF BIRTH y
mAMED IS TH}: aMrLU YbK.’LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, STATE OR LOCAL
GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME flmore than one below) list
NAME ofJoim Employer NUMBER 0F EMPLOYEES. TELEM ION}: (Include area code)
15+
(727) 584-3582

503 S. Martin Luther King, Jr. Ave., Clearwater, FL 33756 Pinellas
NAME ofJoim Employer NUMBER 0F EMPLOYEES, TELEPHONE (Include area code)
CertiPay PEO Solutions l/i', Inc?

’
-
MEMBERS 15+ (800) 422-3782
STREET ADDRESS CITY, STATE AND ZIP CODE COUNTY
1801 Hobbs Road, Auberndale FL 33823
CAUSE 0F DISCRIWNATION BASED 0N (Check appropriate box(es) X Race____ Color X Sex L_DATE DISCRIMINATION TOOK PLACE
__Religi0n __National origin X Retaliation X
__Age X
____Disability :Other
X (Specifv) Earliest Latest
Harassment Nov. 2016 Ian. l l, 2017
THE PARTICULARS ARE (If additional space is needed, attach extra sheets(s):
I.STATEMENT OF HARM
Iam a Caucasian female. am over 40 years of age. worked at I I Religious Community Services, Inc. as Director of
Development. As of August 2016, had been identified as “exceeding expectations" wi‘h
I my job performance. The "employer"
‘
listed on my W-2 was CertiPay PEG Solutions IV, Inc. d/b/a CertiStaff VI. Inc.
Kirk Smith (African-American male) was hired as President/CEO at RCS in late 2016. On 12/8/16. Mr. Smith held his first
management meeting and stated all should appeal to his “ego" and tell him how “nice" he looks. All of the staff at that meeting
were female.
Smith directed the female staff that they should wear

meetings with him. Smith said that he loved the lilt in one female
lipstick to
staff membefs voice when she says his name. He commented
to others how one female staff member always wore a dress
and make-up when he met with her. He was heard entering the RCS building announcing that the “Alpha Male" had arrived.
Smith humiliated female employees by unnecessarily sending out individual counseling meSSfiseto recipients.
Crnean<le- ma!
CONTINUED ON PAGE 2 OF 2
'59:
:l'
"‘ J
RESPONDENT'S REASON FOR ADVERSE ACTION
'
II.
Smith claimed had not been performing my job.

I
_ '
Tampa Field Office“
W
Ill. STATEMENT OF DISCRIMINATION
l have been discriminated against because am disabled, female, over 40, and not African-American in violatiqn of
believe that | I
Title Vll of Rights Act of 1964, as amended, the Americans with Disabilities Amendment Act, Age Discrimination in
the Civil
Employment Act, and the Florida Civil Rights Act and have been retaliated against because asked for accommodations and
AA
l l
leave. ,
__)_(__ I want this charge filed with both the EEOC and the State or SI 1 OF COMPLAINANT
local Agency, if any. I will advise the agencies if I change my
processing of my charge in accordance with their procedures. ‘Vrswear or affirm that I have read the above charge and that it is u'ue to the best of my
knowledge information and belief.
r penalty of perjury that the foregoing is true and NOTARY (When necessary for State and 1 ocal Requirements)
corre Subscribed and Swom to Me this
1L day of April 2017.
«flaming pm, (Signa re} Signature ofNotary

'
AL}; tunaWr
Date: {
_
I é
20/7 Seal: O .
‘
5"” V.
"1;.
Mn" X
r5; 375671
CHARGE 0F DISCRIMINATION AGENCY [CHARGE NUMBER
This form is affected h}! the Privacy Ac‘ of |974; Sec Privacy Ac!
___ FEPA
Sxaxemem before complexing this i'orm‘ X EEOC
Florida Cununissiou on Human Relations and EEOC

SW 301?- Dibel
Smtc or local Agcnm‘. ifanx
NAME
Suzanne Ruley
Page 2 of 2
During a meeting on 12/28/16, Smith came into the doorway of an office where a meeting was being held by threé female
s‘aff members. One female member asked Smith he could move about five inches into the room so she could see
staff if
him without straining her neck. He refused to move, said was an unreasonable request, and told the female stafl
it
member that flshould "hurt" to see aim.
Smith toid me that he didn‘t want to hear about my accomplishments. He said he didn't beiieve in me identifying my
educational qualifications with my name in correspondence. However, he always included “C. PhD" after his name by
which he meant “Candidate for PhD".
'
On 1/5/17, Smith told me that RC8sh0uld lose sleep about working at RC8, g
staff “‘flhreat of possibly losingktheir
iobs, He called me "immature" and stated he had talked about me outside of RCS (to donors. former emp!oyers.:retc.).
He removed the female staff member, who was doing ‘he HR work. from that position, announced he was now the head
of HR. and repeatedly told female RCS employees he could fire anyone for any reason‘ He said he didn‘t believe in
writing people up and would just fire them. One female staff person stated he commented on her age.
Smith harassed me and other femaie employees on an ongoing basis by repeatedly demeaning us, screaming at us, and
threatening to fire us.
On informed Smith mat had been diagnosed with leukemia/Iymphoma. asked for help because of my health
12/1 3/16, l I I
explained to Smith that needed to undergo tests on an ongoing basis and had a compromised
condition/disabiiity. I I
immune system. Later on 12/13. shared my leukemia diagnosis with RCS Board members Peter Gipson, John
l
Goldsmith, John Garrity, and Sandra Oliveres-Garcia.
Immediately after becoming aware of my diagnosis. Smith added special events to my job duties causing greater
exposure to a greater number of people causing greater concern for my compromised immune system.
On 12/21/16, completed paperwork under the Famiiy and Medical Leave Act for the leave wouid need to undergo tests
I I
on an ongoing basis. My doctor completed the FMLA forms on 12/30. Smith approved the intermittent leave on 1/4I1s. I
did not need leave related to my compromised immune system so that was not included in the FMLA paperwork. On
1/1 1/17, sent a written request for accommodation by e—mail to RCS to put in writing my prior verbal request that not be
l l
pu‘ into high-risk situations due to immunity concerns.
Within 1‘/z months of Smith's hiring, 1 month of Smith's awareness of my diagnosis, 5 days of approving my FMLA leave
and 4 ‘/z hours of my written request for accommodafion due to immunny concerns, Smith questioned why sen: the |
accommodations request, criticized me for sending to the Board members. asked me to resign, presented a pre-
it
prepared separation agreement, threatened that signing the agreement would be best if ever wanted to be an executive l
director and fired me.
‘
X wunl this charge filed with both thc EEOC and [he State or
l G JRF. OF ’
INANT
Agent). ifany. [will advise the agencies if] change my
local
address ur telephone number and cooperate fully with them in the

processing ol‘m)‘ charge in accordance \x ith their procedures.
V IsKear or affirm that haw read the l uhmc chargc and lhal i1 is true lo lhe best ofmy
knowledge. informaxion and belief.
I dcclare under penalty oI'pcrjury that the foregoing is true and NOTARY (When necessary for Stale and Local Requirements)
Subscribed and Sworn m Me [his 1L da_x orAprn 2017
W
correct:;:'
Dam:
%
l
Patty. (S(gmuurc’l
qli/ [0207
Sigfiaturc
Seal:
\AW ZN ovatmy
‘
-,,;'
I
‘
IO'
A- -
.
1'5’5“““"§%
gz-«gx-wseng
‘1 ..'.. {UHZ‘JH 3
. «w-uggjmqg‘ v
i
CIVIL DIVISION

Plaintiffs,
V.

KIRK SMITH,
individually,
Defendants. /
EXHIBIT “B”
I
‘3
.r ‘
1
v
CHARGE 0F DISCRIMINATIVN AGENCY '
CHARGE N'UWER
This form is afiected by the Privacy Act of 1974; See Privacy Act
Statement before completing this form. A
.___ FEPA
EEOC
57/
'
A o l7
~
0% c. 4/
Staggr Local Agencx, if any
NANE HOME TELEPHONE (Inclade am code)
Lisa Matzner
STREET ADDRESS crrY, STATE AND ZIP mm: DATE 0F BIRTH
NAMED Is THE EMPLOYER, LABOR ORGANIza‘ndm; EMPLOYMENT AGENCY, APPRENTICEsmP Comma, STATE 0R LOCAL
GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (Ifmore than one list balmy
NAME of Joint Employer NUMBER 0F EMPLOYEES, TELEPHONE (Include area code)
15+
.
(727) 584-3582

503 S. Martin Luther King, Jr. Ave., Clearwater, FL 33756 Pinellas
NAME of Joint Employer NUMBER 0F EMPLOYEES, TELEPHONE (Include area code)
V
MEMBERS
CAUSE OF DISCRMNATION BASED 0N (Check appropnate box(es)__ Race____Color X Sex

X Retaliation X Age
___Religion ”Nationalorigin X Disability X Other (Specifiz)
Harassmem and associational disabilil
l.STATEMENT OF HARM
Iam a Caucasian female. am over 40 years of age. On 8/1/05, was hired at Religious Community
l Services (“ROS") by RCS |
Outreach Manager Christine Warwick as a Youth Advocate. In Jan. 2007, was promoted to Dir. of Development by RCS I
CEO/President Duggan Cooley. was working for RCS CEO/President Caitlin Higgins Joy (Caucasian female) a the
I
Clearwater, FL offices approximately 4 years ago when had van‘ous family issues. told Ms. Joy that was going to have to
l I l
move from Clearwater to Cape Coral, FL and would have to resign. Joy said could work for RCS from Cape Coral. I
2016, Kirk Smith (African-American male) was hired as CEO/President at RCS. 0n 12/1/16, submitted papemork to
In late l
Smith and RCS for Family and Medical Leave Act leave due to my husband's cancer diagnosis and treatment. RCS granted me
intermittent FMLA leave.
Shortly after Smith started at RCS observed and been told that Smith 1 ) stated all should appeal to his “ego” and tell him how
I
“nice' he looks, 2) directed the female staff that they should wear lipstick to meetings with him, 3) said that he loved the lilt in
one female staff member's voice when she says his name. 3) commented to others how one female staff member always wore
a dress and make—up when he met with her. and 4) was heard entering the RCS building announcing that the “Alpha Male” had
arrived. CONTINUED
NéeGeEfi/Oéa
II. RESPONDENTS REASON FOR ADVERSE ACTION
Smith claimed I had not been performing my job. AUG 0 ll
2017
Ill STATEMENT OF DISCRIMINATION He'd Offs

| believe that l have been discriminated against because I am female, over 43,68
associated with a disabled individaualPa and not
African-American in violation of Title VII of the Civil Rights Act of 1964 as amended the Americans with Disabilities
Amendment Act, Age Discrimination in Employment Act, and the Florida Civil Rights Act and have been retaliated against. I
L
local
Iwam
Agency,
this
if
charge
any. I
med with both the EEOC and me State or
will advise the agencies if change my
I
SIGN%F co
1
L
address or telephone number and coopemte fully with them in the

processing of my charge in accordance with their procedures. I swc rBfinn thafI haVe read the aboF)harge and that it is true to the best of my
owcdge, infonnatlon and belief.
I declare under penalty of perjury that the foregoing is true and NOTARY (When necessary for Stale and'Local equirements)
correct. S bed and S om to Me this L day of U 5 2017.
svw'fljgh_ LAURA CAMPOS

Charging Party,
f ’ - Stale ol Florida
(Signamreflhq turc otary 33° ~\
'
':
-'
Notaly Public
-
My Comm. Expires Apt 6. 2018
Seal: $5., 2.x 9: Commission av FF \10116
Date?
Wm c900
32.". ed Through Nnional Ndary Assn
I
l
r |
5 I
CHARGE 0F DISCRHVIINAT nuN AGENCY CHARGE NUMBER

This form is afi‘ected by the Privacy Act of 1974; See Privacy Act __ FEPA
Statement before completing this form. _X_ EEOC
5//- é0/7’ 0356 9/
State or local Agency, if any
NAME
Lisa Manner
Page 2 of 3
In December 2016, RCS Director of Development Suzanne Ruley (Caucasian female) told Kirk Suzanne had been
diagnosed with cancer. RCS approved FMLA leave for Suzanne but Kirk Smith fired her on January 11, 201 7.
On 4/1 2/1 7, had a meeting with Smith in which he stated he wanted me to work at the CleanNater RCS offices 50% of
I
the time but he couldn’t articulate what 50% meant. As of 4/12/17. RCS employees had raised complaints about Smith. I
also called RCS Board President John Goldsmith (Caucasian male). told Goldsmith about issues with Smith and his l
inappropriate touching of, and hostility toward, female employees. Goldsmith said to provide him with any documents
about my concerns and to have people with issues call him. Goldsmith told me the RCS Board was “happy” with Smith.
0n 4/1 8/17, Suzanne Ruley filed EEOC charges against RCS and CertiPay because of Smith (RCS EEOC #51 1-201 7-
01660; CertiPay EEOC #51 1-2017~01661).
As of 4/24/1 7, Smith knew my husband was receiving chemotherapy. Smith told me that his expectation was that work 5 I
consecutive days in Clearwater. Smith sent me an e-mail asking when Iwould be in Clearwater to follow—up on a few
things. But he also stated, “no rush, no biggie". He said to feel free to call in for meetings ifl can't be in Clearwater. e- I
mailed Smith and told him was working very hard to meet the 5 consecutive days and was trying to hire home care and
l l
arrange doctors appointments for my husband.
On 4/25/17, RCS employee Delores Cole sent Charges of discrimination to the EEOC against RCS and about Smith
(RCS EEOC#51 1-2017-01726; CertiPay EEOC #51 1-2017-01727).
On 5/4/1 7, l me to be in Clearwater only 5 consecutive days each month. He

received an e-mail from Smith restating for
also stated we would meet
August 2017 to review. Smith also stated, “I think you‘re doing an excellent job securing and
in
managing our existing grants within your capacity; It is my hope we can find a way to continue working together from now
and beyond..."
Smith's treatment of RCS employees was not improving. became aware of certain facts which were inconsistent with
I
what Smith had been telling RCS. RCS employees had complained about Smith and the work atmosphere to RCS and 2
employees had filed EEOC Charges but nothing was being done to improve things.
On 5/14/1 7, sent a written memorandum to RCS Board members John Goldsmith and Jeff Muller.
|
lnthe 5/1 4/17 memo, discussed a female RCS employee who had reported sexual harassment and aggressive hugging
I
by Smith. reported that this female employee was required to accompany Smith to a media event afler she had
I
complained. reported that the female employee felt she had to make up an excuse to ride separately from Smith due to
I
feeling unsafe with Smith. reported that the female employee told me that Smith had continuously touched her and
I
sometime Smith hurt her.

reported that “my sense of urgency for action is not yet shared by the Board of Directors, thus it is my hope the
l
research here will provide you with enough information to conduct an investigate into the claims and allegations
made against Mr. Smith in both EEOC filings and verbal reports of sexual harassment and a hostile work
environment". CONTINUED ON PAGE 3 OF 3
A want this charge filed with both the EEOC and the State or
I

SIGNA
A
OF C
address or telephone number and cooperate fully with them in the Av

processing of my charge in accordance with their procedures.
I declare under penalty of perjury that the foregoing 1s true and

I
owledgeLinfo
0‘? affirm tl’havc {cad the
ation and belief.
NOTARY (When necessary for State and Local
w charge and that
Requirements)
it is true to the best of my
correct. :
ii
d and
Swl
to Me this _L_ day of wwez 2017.
LAURA CAMPos
~ W,
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i ‘ MY
Charging Party, (Signature) :
‘
~‘° 'o‘-._ Notary Public- State of Florida
=
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Date; Seal: ‘2‘)
9:5 Commission a9 FF 110116
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CHARGE 0F DISCRIMINATION AGENCY CHARGE NUMBER
This formjs aflected by the Privacy Act of 1974; See Privacy Act ___ FEPA
9/«30/7 vajéj
State or local Aggn ,
if any
NAME
Lisa Matzner
Page 3 of 3
On 5/31/1 7, Smith sent me an my job would be located in CleanNater as of 10/1 /1 7. He stated that the
e—mail stating that
decision had nothing to do with my “work
performance” and that brought a “wealth of knowledge and skill” to my job. It
I
was clear that this was being done by Smith in retaliation for my 5/14/17 memo and to try and get me to quit.
It seemed and Goldsmith were taking no action and may have been keeping issues from other Board
that Smith
members. responded to Smith’s 5/31/17 e-mail on 6/2/17 and copied RCS Board members Jeff Muner, Rich Walling,
I
Larry Higgins, and Christi Snyder. stated thatl had been in Clearwater 9 days in May 2017 (in compliance/excess of the
|
5-day request). was still considering relocation to Cleanlvater and that had exceeded fiscal year grant goals by $32,920
I I
working from Cape Coral. also included 3 years of my positive performance evaluations.
I
On 6/2/17 at 3:52 pm, Smith sent me an e-mail and copied Muller, Walling. Higgins, Snyder, Goldsmith, and Andrea
Baker. Smith falsely claimed it was the first he heard of my intentions to relocate or consider a contractual relationship.
Smith, again stated, “I've never questioned the quality of your work or your work ethic”. He seemed still open to discussing
“relevant strategy around what would be the best way to handle this”.
On 6/5/17 at 12:31 pm, sent an e—mail to Smith and RCS Board members, Baker, Muller. Goldsmith. Walling. and
I
Higgins stating lwouId "consider all options that would allow me to keep my employment at RCS...” and “wil! continue to
explore possibilities that would allow me to work contractually for RCS..." In response on 6/5/17 at 1:10 pm, Smith
exhibited aggression and further retaliation warning me to stop “engaging" Board members in conversations and to only
communicate with him stating, "I have no appetite to articulate every detail of my concerns with staff to board
members...for the benefit and safety of RCS, we should avoid blurring lines between management and governance..."
On 7/5/1 7, Smith issued me an Employee Counseling for “falsification of records, improper conduct, insubordination,
abusive language on the job and deliberate attempt to disparage RCS”. Smith’s allegations were false. unsupported and
n'diculous. was put on a 45-day probation and informed lwould be required to work full time in Clearwater effective
I
7/31/17. On 7/1 8/1 7, Smith extended my probation to 8/24/17.
_X_ I want this charge filed with both the EEOC and the State or
processing of my charge in accordance with their procedures. HaVe read a ve charge and that it is true to the best of my
wledgc, info ation and belief.
declare under penalty of perjury that the foregoing true and NOTARY (When necessary for State and Local
i quirements)
I is
ro andSwrnto Methis_(__day of
LAURA CAMPUS
‘ "6 -
Notary Public State o: Florida
Charging Party, (Signature)
W/M%\/\ I
.
'.°
’lumu‘
My Comm. Expires Apr 6. 2018
Commission # FF 110116
Bonded Through National Naary Assn.
%/N /<90\
'
'
CHARGE 0F DISCRIMINn . 1 AGENCY CHARGE NUMBER

This form
'
is afl'ected by the Privacy Act of 1974; See Privacy Act ___ FEPA
Statement before completing this form. K EEOC

5/l-30/7« oMé 3
State or local Agency, if any
NAME HOME TELEPHONE (Include area code)
Lisa Matzner
STREET ADDRESS CITY, STATE AND ZIP CODE DATE 0F BIRTH
‘
NAMED Is THE EMPLOYER, LABOR ORGAN’T‘ZATION, EMPLOYMENT AGENCY, APPRENTICESHIP CONMfiE‘E, STATE ORLOCAL
GOVERNMENT AGENCY WHO DISCRMNATED AGAINST ME (Ifmore than one list below)
NAME of Joint Employer NUMBER OF EMPLOYEES, TELEPHONE (Include area‘code)
CertiPay PEO Solutions IV, Inc. I‘VEMBERS (800) 422-3782

1801 Hobbs Road, Auberndale FL 33823 Pinellas
NAME of Joim Employer NUMBER OF EMPLOYEES, TELEPHONE (Include area code)
MEMBERS
CAUSE OF DISCRIMINATION BASED 0N (Check appropriate box(es)

“Religion __Nationaloriginx Retaliation x Age
Race___,Color X Sex
X Disability X Other (Specifiz)
L
Harassment and associational disability
THE PARTICULARS ARE (If additional space is needed, attach extra sheets(s):
I.STATEMENT OF HARM
Iam a Caucasian female. am over 40 years of age. On 8/1/05, Iwas hired at Religious Community
I Services (“ROS") by RC8
Outreach Manager Christine Warwick as a Youth Advocate. ln Jan. 2007, was promoted to Dir. of Development by RCS I
CEO/President Duggan Cooley. was working for RCS CEO/President Caitlin Higgins Joy (Caucasian female) at the
l
Clearwater. FL offices approximately 4 years ago when had various family issues. told Ms. Joy that was going to have to
l l l
move from Clearwater to Cape Coral, FL and would have to resign. Joy said could work for RCS from Cape Coral. I
In late 2016. Kirk Smith (African-American male) was hired as CEOIPresident at RCS. At that fime, my joint employers were
RCS and CertiPay PEO Solutions IV, Inc. Florida's legislators explicitly identify the relationship between leasing companies and
their client companies as "a joint employment relationship" in Florida Statutes 5768.098 (201 7). At one time, RCS employees
were directed to take all HR matters to CertiPay. On 12/1/16, submitted paperwork to Smith and RCS for Family and Medical
l
Leave Act leave due to my husband's cancer diagnosis and treatment. RCS granted me intermittent FMLA leave.
Shortly after Smith started at RCS observed and been told that Smith 1) stated all should appeal to his “ego” and tell him how
I
“nice" he looks, 2) directed the female staff that they should wear lipstick to meetings with him, 3) said that he loved the lilt in
one female staff member’s voice when she says his name. 3) commented to others how one female staff member always wore
a dress and make-up when he met with her. and 4) was heard entering the RCS building announcing that the “Alpha Male" had
arrived. CONTINUED ON PAGE 2 OF 3
ll. RESPONDENTS REASON FOR ADVERSE ACTION

Smith claimed I had not been performing my job.

l believe that l have been discriminated against because | am
associated with a disabled individual female over 40 and not
Af'ncan-Amen'can in Act of 1964. as amended, the Americans with Disabilities
violation of Title VII of the Civil Rights
'
Amendment Act Age Discrimination in Employment Act. and mg Florida Ci Act and have been retaliatedggainst. l
_X__ I want this charge filed with both the EEOC and the State or SIGN O
local Agency, if any. I will advise the agencies if I change my -
W
processing of my charge in accordance with their procedures. I SM or afl'mn‘fha‘l I have rea mejove charge and that it is true to the best of my
knowledge, information and bel f
I declare under penalty of perjuxy
th/at
the foregoing is true and NOTARY (When necessary for State and Loca‘
correct
LAURA CAMPUS
Charging Party (Signamrem Notary Public -
Stale ol Florida
My Comm. Expires Apr 6, 2018
Date Commission # FF 110116
7/“ lobfl Bonded Through Malena! Ndary Msn.

CHARGE 0F DISCRIMINn A L AGENCY CHARGE NUlvtBER
_X
.
‘
This form ls affected by the Privacy Act of 1974; See Privacy Act FEPA
Statement before completing this form. EEOC
fl/’20/7~ aagg
State 0r local Agency, if any
NAME
Lisa Matzner
Page 2 of 3
In December 2016, RCS Director of Development Suzanne Ruley (Caucasian female) told Kirk Suzanne had been
diagnosed with cancer. RCS approved FMLA leave for Suzanne but Kirk Smith fired her on January 11, 2017.
On 4/12/17, had a meeting with Smith in which he stated he wanted me to work at the Clearwater RCS offices 50% of
I
the time but he couldn’t articulate what 50% meant. As of 4/12/17, RCS employees had raised complaints about Smith. l
also called RCS Board President John Goldsmith (Caucasian male). told Goldsmith about issues with Smith and his I
inappropriate touching of, and hostility toward, female employees. Goldsmith said to provide him with any documents
about my concerns and to have people with issues call him. Goldsmith told me the RCS Board was “happy” with Smith.
On 4/18/17, Suzanne Ruley filed EEOC charges against RCS and CertiPay because of Smith (RCS EEOC #51 1-201 7-
01660; CertiPay EEOC #51 1-2017-01661).
As of 4/24/1 7, Smith knew my husband was receiving chemotherapy. Smith told me that his expectation was that work 5 |
consecutive days in CleanNater. Smith sent me an e-mail asking when would be in CleanNater to follow—up on a few l
things. But he also stated, "no rush, no biggie". He said to feel free to call in for meetings if can’t be in Clearwater. e- | |
mailed Smith and told him was working very hard to meet the 5 consecutive days and lwas trying to hire home care and
|
arrange doctor’s appointments for my husband.
On 4/25/17, RCS employee Delores Cole sent Charges of discrimination to the EEOC against RCS and about Smith
(RCS EEOC#51 1-2017-01 726; CertiPay EEOC #51 1-201 7-01727).
On 5/4/1 7, I received an e—mail from Smith restating for me to be in Clearwatér only 5 consecutive days each month. He
also stated we would meet in August 2017 to review. Smith also stated, “l
think you're doing an excellentjob securing and
managing our existing grants within your capacity; It is my hope we can find a way to continue working together from now
and beyond...”
Smith’s treatment of RCS employees was not improving. became aware of certain facts which were inconsistent with l
what Smith had been telling RCS. RCS employees had complained about Smith and the work atmosphere to RCS and 2
employees had filed EEOC Charges but nothing was being done to improve things.
On sent a written memorandum to RCS Board members John Goldsmith and Jeff Muller.
5/14/1 7, |
In memo, discussed a female RCS employee who had reported sexual harassment and aggressive hugging
the 5/14/17 |
by Smith. reported that this female employee was required to accompany Smith to a media event after she had
I
complained reported that the female employee felt she had to make up an excuse to ride separately from Smith due to
l
feeling unsafe with Smith. reported that the female employee told me that Smith had continuously touched her and
|
sometime Smith hurt her.

reported that “my sense of urgency for action is not yet shared by the Board of Directors, thus it is my hope the
|
research here will provide you with enough information to conduct an investigate into the claims and allegations
made against Mr. Smith in both EEOC filings and verbal reports of sexual harassment and a hostile work
environment”. CONTINUED ON PAGE 3 OF 3
A
_X_ I want this charge filed with both the EEOC and the State or
SIGNgwOF CO
local Agency, if any. Iwill advise the agencies change my
if I
processing ofmy charge in accordance with their procedures. I swear rflfirm tha I Have read abo)e charge and that it is true to the best of my
kndw dge, informa on and belief.
I declare under penalty of peljury that the foregoing is true and NOTARY (When necessary for State and Local equirements)
correct. to Me this _/_ day of $_— I 2017.
LAURA CAMPOS
Charging Party, (Signature)
I ”o
J o z otary Public- State ol Florida .
“mm, . IE "duh!“ g y Comm. Expires Apr 6 201B

Date: ‘5
‘x
s‘n2 Commission # FF 110116
‘E/OI Box 'o ‘
Bonded Through National Notary Assn.
This form is afiected by the Privacy Act of 1974; See Privacy Act __ FEPA
57/171000 cm f5"?
W
State or local Agency, if anx
NAME
Lisa Matzner
On 5/31/17, Smith sent me an

e-mail stating that my job would be located in Clearwater as of 10/1/1 7. He stated that the
decision had nothing to do with my “work performance" and that brought a Wealth of knowledge and skill” to my job. It
I
was clear that this was being done by Smith in retaliation for my 5/14/17 memo and to try and get me to quit.
It seemed and Goldsmith were taking no action and may have been keeping issues from other Board
that Smith
members. responded to Smith's 5/31/1 7 e-mail on 6/2/1 7 and copied RCS Board members Jeff Muller, Rich Walling,
I
Larry Higgins, and Christi Snyder. stated that had been in Clearwater 9 days in May 2017 (in compliance/excess of the
| I
5-day request), was still considering relocation to Clearwater and that had exceeded fiscal year grant goals by $32,920
I |
working from Cape Coral. also included 3 years of my positive performance evaluations.
I
On 6/2/17 at 3:52 pm, Smith sent me an e—mail and copied Muller, Walling, Higgins, Snyder, Goldsmith, and Andrea
Baker. Smith falsely claimed it was the first he heard of my intentions to relocate or consider a contractual relationship.
Smith, again stated, “I’ve never questioned the quality of your work or your work ethic". He seemed still open to discussing
“relevant strategy around what would be the best way to handle this”.
On 6/5/17 at 12:31 pm, sent an e-mail to Smith and RCS Board members, Baker, Muller, Goldsmith, Walling, and
|
Higgins stating would “consider all options that would allow me to keep my employment at RCS..." and “will continue to
l
explore possibilities that would allow me to work contractually for RCS.. .” In response on 6/5/17 at 1:10 pm, Smith
exhibited aggression and further retaliation warning me to stop “engaging" Board members in conversations and to only
communicate with him stating, “I
have no appetite to articulate every detail of my concerns with staff to board
members...for the benefit and safety of RCS, we should avoid blurring lines between management and governance...”
On 7/5/17, Smith issued me an Employee Counseling for “falsification of records, improper conduct, insubordination,
abusive language on the job and deliberate attempt to disparage RCS”. Smith’s allegations were false, unsupported and
ridiculous. lwas put on a 45~day probation and informed would be required to work full time in Clearwater effective
I
7/31/1 7. 0n 7/1 8/17, Smith extended my probation to 8/24/1 7.
A
local
I
I want
Agency,
this charge filed with both the EEOC and the State or
if any. Iwill advise the agencies if I change my
processing of my charge in accordance with their procedures.
declare under penalty of perjury that the foregoing

correct.
is true and
SIGNA
I
gym
svkarx‘r affirm that! have read the a ove
knowledge, inforrnatlon and belief.
NOTARY (When necessary for State and Local
Sub bed and Sw to Me this _(_ day of
arge and that
equirements)
57‘
it is
2017.
true to the best of my
LAURA CAMPOS
x- eothary
03:3 23%"
J
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Charging Party,($ignazure)
Lfiml é‘ Zo cEa
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Bonded Through National Notary Assn.

$/O\ )30 \
, a
'
CHARGE 0F DISCRIMINATION AGENCY CHARGE NUMBER ‘Ei
This form is affected by the PrivacyAct of 1974; Sec Privacy Act

Statement before completing this form. A
__ FEPA
EEOC
5/; 34/:
-
0y?/
“

State or local Agency. if any
NAME HOME TELEPHONE (Inclaée area code)
Lisa Matzner .
v
:r
STREET ADDRESS CITY. STATE AND ZIP CODE DATE 0F BIRTH ;
“NAMED Is THE EMPLOYERILABOR‘ ORGAMZKTYON, hMpLOWENT AGENCY. APPRENTICESHIP COMM. EBB, STATE 6E LOCAL
GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (Irmore man one us: below) y
NAME ofJoim Employer NUMBER 0F EMPLOYEES. TELEPHONE (Include area éode)

Religious Community Services, Inc. WMBERS 1*
‘5+
(727) 584-3582
STREET ADDRESS CITY, STATE AND CODEZIP COUNTY 7

503 S. Martin Luther King, Jr. AveiClearwater, FL 33756 Pinellas
NAME of Joint Employer NUMBER OF EMPLOYEES. TELEPHONE (Include area gode)
MEMBERS
S'IREET ADDRESS CITY, STATE ANT) ZIP CODE comm!
CAUSE OF DISCRIMINATION BASED ON

____Religion _National origin L (Check appropriate box(es)
Retaliation LAge H&Disabiliw
L RaceflColor
LOIhcr
L Sex
(Specify)
Harassmenl and associational disabiIiL
THE PARTICULARS ARE (If additional space is needed attach extra sheets(s):
l. TAT T F R
I am am over 4O years of age On 812/17 my attorney sem my first EEOC Charge of discrin'fination
a Caucasian female I
against Religious Community Services (“ RCS") to the EEOC and RCS' attorney (EEOC #511 --2017 025640) RCS had been
aware that my husband had been diagnosed with cancer. had been taking intermittent FMLA leave related to that. I
On 8/2, e—maiIed RCS Pres. Kirk Smith asking for paid time off for 8/14. 15 and 9/4-15. On 8/3. Smith “approved" my PTO. On
I
8/8, Smith e—mailed me about having to attend a meeting on 8/16. reminded him that would be on PTO. Smith then stated he l l
was rescinding his “approval" and needed to return on 8/17. I
On 8/16/17 requested and was granted FMLA leave for five (5) weeks due to the environment at the workplace and the
I
retaliatory requirement of commuting to Clearwater caused me stress and depression. returned to work after my FMLA leave I
reported to the Clearwater office as required by Smith. RCS again retaliated and had eliminated my position as Director of
Grants Development. was being forced into a newly created position of Director of CompIiance/Administrative Subport The
I
irony of being asked to identify compliance issues was odd as was retaliated against for reporting Title VII and FGRA |
noncompliance. ROS had put me in an lmpossibie position. was constructively discharged and notified RCS of fla‘at on 10/9/17
I
My job duties were assigned to an African-American female. am not sure of her age. Alex Thomas (Caucasian Iemale) was l
discharged from RCS. Her job duties were assumed by an African-American male, Melvin Thomas. am not sure Qf his age. I
RCS threw a luncheon ‘o further Thomas” outreach to the community. RCS did not do this for me or other female employees.
Betty Anthony resigned from RCS. Her job duties were assumed by an African-Ameriwn male. Phillip deBerry. Iafi’not sure of
his age I
RCS gave no reason for the rescinding of my PTO the elimination of my position or being forced into a new position
believe that have been discriminated and retaliated against as set forth in my first EEOC Charge. That has contihued and
l I
new acts have occurred because filed an EEOC Charge. am associated with a disabled individual, and am femalé. over 40.
l
and not African—American in violation of Tifle VH of the Civn Rights Act of 1964, as amended, the Americans with Djsabiiities
Amendment Act. Age Discrimination in Empioyment Act, and the Florida Civil Rights Act and have been retaliamd against. l
L
local
I wan!
Agency,
this
if
charge filed with both the
any. I will advise the agencies if
EEOC and the State or
I change my
yrocessing of my charge in accordance with their procedures.
I declare under penalty of perjury tha the forcgoing'ls [ru and
correct
Laura Cm
Charging
Date‘
Party. (Si nalure) -
M/ NOTARY PUBLIC
STATE OF ‘LORIDA
// 070/ CW (56185961
41/
CIVIL DIVISION

Plaintiffs,
V.

KIRK SMITH,
individually,
Defendants. /
EXHIBIT “C”
\Kou 080 T—
.
CHARGE or blscmmmnon AGENCY CHARGE NUMBER
unwed by um Privacy Act or x974; FEM
This rorm is
Statement before commis form.

See primy Ac: ___
L. EEOC S“ 30 \g D& 3W
Florida Commission'on Human Relations 1nd EEOC.
Stgg or lam! Agency. if In!
HOME TELEPHONE (Include am crdc)
‘
NAME
Erica F. Wiedemnnn
' ‘
1f
STREET ADDRESS cn‘v. STATE AND ZIP CODE DATE OF"BIRTH 1
NAMED Is m5 EMPLOYER“. LABOR o‘iEANIzA'mN, Eww mam AGENCY. uphmcasm coWfiTEE. STATE" ox LocML
GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (If more than one list below) .
NAME ouoimamployer NUMBER or EMPLOYEES. TELemonaancludcm code) f'
” MEMBERS
Reli g ious Communi ty Services ’ Inc. ( “RC s )
584.3582 m (72g
STREET ADDRESS STATE AND ZIP CODE CITY. COUNTY
503 S. Martin Luther Kig, Jr. Ave., Clearwater, FL 33756 Pinellas 1
r
NAME ofJoint Employer NUMBER OF EMPLOYEES. TELEPHONE (Include urns code)
MEMBERS \
STREET ADDRESS CITY, STATE AND ZIP CODE COUNTY T
CAUSE OF DISCRIMINATION BASED ON (Check npproprintc box(es) 3L Rnce__Color _X___ Sex DA'IE DISCRIMINATION TOgK PLAH
u .
“Runyon __NI ional origin

.
. -
X lemtmn x Age _Dlsabxlllyfldr§a&'$'cr (Specfl)

I
u u . - ~ .
Emim ml ‘
November 2016 Much s 20w

X Confinuigs Action L
THE PARTICULARS ARE (If additional space Is needed. attach extra sheets(s):
I.SIATEMEu] 9E HABM
Iam a Caucasian female. am over 4O years of age and currently the Executive Director of The Haven
l at RCS. The Havq’n is a
domestic vloIence center providing services to anyone impacted by domestic violence and advocating an end to domestlc;
violence. report to RCS Chief Operating Officer Melinda Perry (Cauwsian female) and ROS President Kirk Smith (Atria
I
—
American mate). Three other former employees of RCS have filed EEOC Charges which are still pending (SUZANNE RU EY
EEOC Charge No. 51 1 -201 7—01660; DELORES COLE EEOC Charge No; 51 1-2017-01 726: and LISA MATZNER EEOC
Charge No.: 511401702564)
Smith and Perry attended a December 15. 2017 Haven Advisory Committee meeting at The Haven location. Smith repeatedly
commented out loud to all attending (all female) that ‘1 love you Kirk“ wasn't written on the dry erase board during that visit. His
protestation was inappropriate and embarrassing for a“ those who observed it. Ms. Ruley, Ms. Cole and Ms. Matzner have
identified additional Inappropriate comments by Smith about ”loving him" and being an 'alpha male“. On February 21. 2018 Smith
and Perry came to The Haven for an alleged “site inspection'. Smith. Perry. Ruth Schulder (RCS Caucasian. female emp‘, yea).
Jenny Gentry (RCS Caucasian, female employee) and stepped into the Haven building where the youth gather. Smith sfingely
l
looked in the rooms, looked up at the ceiling lights. asked if the building was bugged. and asked if ha was being racorded Smith
then began lo speak at length regarding gender and race. He said bIack and white children needed race specific role mod‘els. He
said he was envisioning gender specific youth programming at RCS.
On March 1. 2018. Smim and Perry gave me 30—minutes notice that they would be giving a tour to a potential new RCS‘board
member. Haven's Outreach Manager Jennifer Saulpaugh (Caucasian female) gave the tour. During the tour. ‘Smith
condescendingly said he gives “them" (insinuating 'them' to be me (female) and Ms. Saulpaugh (female)) “all the ideas and they
just carry them out”. CONTINUED 0N PAGE 2
ILR P 'S EA ON FOR ADVERSE CTION
RCS gave pretextual reasons for a final written warning, with no prior warnings, just days aflerl sent a letter to the Board Pres.
‘
m. STATEMENT 9P DISCRIMINATION
I than have been discriminated against because am female. over 40 and not African—Amerlcan in violation of T‘rlla VII
believe I
of the Rights Act of 1964 as amended the Age Discrimination In Employment Act and the Florida Civil Rights Act. [have
Civil
been retailated against because ochmdlmeained IntemaIM ‘
i
local
wan: this charge mad with both
1
Agency, ifany.
anc and me Sm: or sxGNAtURE
I change my
m
l
will advise Lb: agencies if] f 9207?] ‘
address or telephone number nnd cooPcmlc fully with them in 1h: I swear or kfi‘u'nfthm l have meld the above charge and that"u is m1: lo 1h: best ofmy
messing of "y charge id accordance with weir pmccdurcs. knowledge, infonrnmiou and belief. L
[declnml penal: of cljury that the foregoing Is true Ind NOTARY (When necessary for Sm: and Lou Requirements)
jfir nh
correc
Charging Pany.((Signalure)
Date:
MWW Suhspribcd and Sworn lo Me this fiday of
Q’t’éx—Luy
nturc ofNo
\‘ b
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Jonas"
fr, FF ”9590
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scax;
3//3//5 'nirn
MAR 19 201s
Tnmnn Pia»: am- ‘

\ROq
CHARGE NUMBER
~
0%0
CHARGE OF DISCRIMINATION AGENCY
This form is 58‘:ch by tho Privacy Act of I974; See Privacy Act ___ FEPA
Statement before completing this farm. X EEOC
SI 2,2315% m 93837
Florida Commission on Human Relations nnd EEOC.
Stat: or IocaLAgencyl if any
NAME
Erica Wiedemann
Page 2 of 2
Afler the March 1 tour. my Youth Advocate Hannah McCall (female) spoke to office assistant Nina Pazos (female) about
how shocked McCall was at how Smith belitflad the female staff in front of the tour guest. Pazos told McCall to repon it to
me. McCall also told me that when Smith came in. McCall was making copies in ihe reception lobby, and that Smith looked
her up and down 'Iike men do". McCall stated Smith made her uncomfortable and she was unable to stand up to Smith
because he has the power to fire her.
Delores Cole was retaliated against a! RCS

she complained Internally. Smith fired RCS Director of Development
after
Suzanne Ruley (Caucasian female) on January Ruley filed an EEOC Charge. RCS replaced Ms. Ruley with
11, 2017. Ms.
Scott Taylor who is male and appears younger than Ms. Ruley. Llsa Matzner (Cauusian. female. over 40) was retaliated
against at RCS for compIaining internally. She was construcfiveiy discharged from RCS after filing EEOC Charges. Harjob
duties were assigned to an African—Amen‘un female — age unknown. Betty Anthony (Camsian, female. oved 40)
complained internally at RCS and eventually resigned from RCS. Her job duties were assigned to an Afn'can-Amefican
male. Phillip DeBeny- age unknown. Alexandra Thomas (Caucasian. female. over 40) was discharged from RCS. HeYJob
duties were assigned to an African—American male, Melvin Thomas— -age unknown. Ms. Thomas has provided an affidavit
to the EEOC as part of Lisa Matzner's EEOC Charge.
Smith threw a luncheon to further Afflcan—Amerlcan male, Melvin Thomas', outreach to the community. He did not do this
for LisaManner, Alexandra Thomas or me. We are not male or African-Amen‘mn.
On March 2. 2018. Smith held a meeting with RCS senior staff. Smith cried during the meeting (with tears in his eyes) that
people have been personally attacking him. He then threatened those attending stating, "You cannot get rid of me. If you
are not with me. you need to resign right now." Smith then protested. "What do is an art. It's my song and my dance.‘ Smith
I
then started to sing a song made famous by Beyonce. Smith then yelled at the 3/2/18 meeting attendees, "Tell me why you
should not be fired today??!m A2 any time, could ask you this. Be prepared to tell me. I'm serious.‘ Ha directed his rant at
l
me by stating no one mn tell him they shouldn't be fired because they ‘save lives and are liked". was the only one in I
attendance who might have been able to say “saves lives” with my work at The Haven. Ms. Ruley, Ms. Cole and Ms.
l
Manner have all identified similar threateningfirrational comments made by Smith to female staff.
Multiple other RCS employees have reported illegal and discriminatory treatment Internally to RCS Board of Directors
President, John Goldsmith. Goldsmith is an attorney and his firm is representing RCS in the Charges brought by Suzanne
Ruley. Delores Cole and Lisa Matzner. He would be personally knowledgeable of the content of the internal complaints and
Charges. But RCS
has done nothing to stop the illegal treatment at RCS. On March 5. 2018, my attorney sent a letter to
Goldsmith as RCS
Board President and an attorney whose firm represents RCS. My attorney stated my complaints as l
have indicated here and that the Board President. the RCS Board, Smith and Perry are protecting. fostering and furthering
a corporate culture of discrimination and other illegal acts. Just 3 days later. on March 8, 2018, my job was threatened when
l was called into Perry's office and given a
"final" written warning. I had never been given any prior "warnings" andthhe
allegations in the warning are pretextual. In the warning, RCS acknowledged my attorney's letter saying, 'On March 5, 2018.
Erica did not follow chain of command when bringing up a concern she had. which. as the Executive Director, expect her l
to understand and follow. Her failure to foflow chain of command has also created a distraction for the PresldenthEO and
myself." was put on probation and required to conform to an unwarranted and unreasonable performance plan.
I
L
local
Iwant this
Agency, ifany.
charge filed with both the
I
EEOC and file State or
change my
will advise the agencies ifl smN/Acfio: comma“
processing of my charge in accordance with their procedum. T'swear dr'afirm that I have read the above charge and that'1t is hue to the best ofmy
kme, information and belief.
I dcclarc under pen
malty f perjury that the foregoing Is tme and NOTARY (When necssary for Sm e and Local Requiremenm)
con'
'
8 my. (Signam) Signature ofNotary
DEBRA L JONES
Date: Saul:
MY COMMlSSIDN # FF 999590
gg/ /3//e l:
'211’.'n'm‘
EXPIRES: June 7, 2020
NAME
.
CHARGE 0F DISCRIMINATION
This form is afiected by fie Privacy Act of M4; Scc Privacy Act
Statement before oomgledng thisiqgn.
Erica F. Wiedemann
STREET ADDRESS CITY,
Florida
AGENCY
FEPA
x 23m
Commssion on Hunt: Relations and EEOC.
§tate or local Agency if any;
sum: AND 2w
A
CODE
CHARGE NUMBER
flmmflmwr
i/zv Jozf
m
HOME TELEPHONE (Include gm code)
D'ATE 0F BIRTH
'
W E
NAMED IS TEE EWLOY‘ER, LABOR UKUADILLALWW MLOYWNT AGENCY, APPRENTICESKW COMITEE, STATE OR LOCAL
GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (Ifmore than one list below)
NAME ofJoint Employer NUMBER OF EMPLOYEES, TELEPHONE (Include area coda)
Religious Community Services, Inc. (“RCS”) MEMBERS ‘
15+ (727) 584-3582

STREET ADDRESS CITY, STATE AND 2P CODE COUNTY
503 S. Martin Luther Killg, Jr. Ave., Clearwater, FL 33756 Pinellas
NAME of Joint Employer NUMBER 0F EMPLOYEES. TELEPHONE (Include arcs code)
MEMBERS
V
CAUSE 0F DISCRMINATION BASED ON (Check appropriate b01403) _X_ Rau—rCoon _)$_ Sex DATE DISCXNNATXO‘N TOOK PLACE
X
“*" X Age __Disability K Other (Specxfi) 53‘1”“ Lam:
IW
mReligion ____Nationaj orig'n Retaliaxion “*-
Hammm X Continuing Action
June 26, 2013
THE PART|CULARS ARE (If additional space is needed. attach extra sheets(s):
|am a Caucasian female. am over 40 years of age and previously the Executive Director of The Haven at RCS. filed a pnor
l l
Charge of Discnmination against RCS m March 2018 (PC-1804--;080 EEOC 51 1201802389).

Three other former employees of RCS have filed EEOC Charges (SUZANNE RULEY EEOC Charge No.: 51 1—2017- 01560;
DELORES COLE EEOC Charge No.: 51 1-2017-01726, and LISA MATZNER EEOC Charge No.: 511 -2017 02554). 1
ln my prior Charge. asserted discrimination because of race. gender, and age as well as retaliation against me and ofiers at
l
RCS. After filed my Charge. RCS retaliated further against me. On April 23. 2018, Melinda Perry and Kirk Smith issued an
I
“Employee Counseling" with accusations Including alleged acts that have' ‘been ongoing for the past several years' The
allegations m the Counseling are untimely, inaccurate. vague and subjective responded to the Counseling that any low morale l
claimed by RCS was related to RCS Pinellas' hostile work environment
I was then subjected to further Counseling and was terminated on June 26, 2018.
II. RE O DEN REASON FOR VERSE ACT ON
RCS gave pretextual reasons for counselling and firing.
I have been discriminated against because am female. over 40. and not African-American in vioiation of ‘vTitle VH
beiieve that I |
of the Civil Rights Act of 1964. as amended. the Age Discrimination in Emp|oymem Act, and the Florida Civil Rights Act have l
been retaliated against because objected/complained internally and externally.

l
A
L local
I want
Agency,
this charge filed with both the
if any. I will advisc thc agenda
EEOC and the State or
if I change my
SI O CO LAINANT
W
addms or telephone number and coopcratc fully with them in the swear or affirm that have read the above charge and that it is true to the bait ofmy
proccssing of my charge in accordance with their procedures. knowlcdge, information and belief.
I declare under pmaky of perjury mat the foregoing is true and NOTARY (When necessary for State and Local Requirements)
Swom Me this glday of
correct.
w Subscribed and to 2018. ‘
ICJharging Paxty, (Signature)

ate:
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Seal:
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AUG 20 2013 W -
OFFICE OF HUMAN RIGHTS

*
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,
This form is aflccted by the Privacy Acl of I974; See Privacy Act ___ FEPA
S“ - 20‘ g DQ 37 Cm
Smcmcm before completing this form. __)$__ EEOC v
Florida Commission on Hum Relnu'ons and EEOC. {T

Agcng,
4
State or local ifnny

j
NAME HOME TELEPHONE (Include nu §ode)
Erica F. Wiedemann M v
\
STREET ADDRESS CITY, STATE AND ZIP CODE nA‘TF. 0F BIRTH w
._____ _ Wfiw W, ‘
NAMED IS THE EMPLOYER, LABOR ORGANIZATION. EMPLUY MENT AGENCY. APPRENTICESHW COMWTI'EE. STATE 0R LOCNL
GOVERNMENT AGENCY WHO DISCRIMINATBD AGMNST ME (If more than one lia below)
NAME Ofloin! Employer NUMBER OF EMPLOYEES. TELEPHONE (Include coda) m
MBA Payroll Services II, Inc. fiMBERS
1

9455 Koger Blvd., St. Petersburg, FL 33702 Pinellas
NAME of Joint Employer NUMBER 0F EMPLOYEES. TELEPHONE (lnctude ma code)
MMERS ‘
CAUSE OF DISCRWATION BASED ON (Check appropriate

X
box(es) L Raca_,Color _K_ Sex DATE DISCNMINATION TOOK
WW“ U'fil
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__Religion *Nalionll origin X Age __Disability X
‘
Reuliution Other (Specify) ‘
Harassmem Navcmbcr 20] 6 Much 8. 20M

X0
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a Aclion
THE PARTICULARS ARE (If additional space ls needed attach extra sheets(s):
.STATEMENT 0F HARM
am a Caucasian female am over 40 years of age and currentiy the Executive Director of The Haven
l l at Religious Com unity
Services. The Haven
a domestic violence center providing services to anyone impacted by domestic vlolence and ad
is tlng
an end to domestic violence. report to RCS Chief Operafing Officer Melinda Perry (Cauuslan female) and RCS President Kirk
I
Smith (African-American male) The “employer" on my 2017 W-2 Is listed as MBA Payroll Services II, Inc. believe that Srhith I
and Peny are also employees of MBA.
Smith and Perry attended a December 15. 2017 Haven Advisory Committee meeting at The Haven location. Smith repeatedly
commented cu: loud to an attending (all female) that '1 love you Kirk" wasn': wrinen on the dry erase board during tha‘ visit His
protestation was inappropriate and embarrassing for all those who observed it. Ms. Ruley, Ms. Cole and Ms. Matzney have
Identified add'rflonal Inappropriate comments by Smith about “loving him" and being an “alpha male" On February 21. 2018 Smith
and Perry came to The Haven for an alleged “site inspection". Smith Perry. Ruth Schuldar (RCS Caucasian, female emplpyee)
Jenny Genny (RCS Caucasian. famale employee) and stepped into the Haven building where the youth gather Smith strpngely
l
looked in the rooms. looked up at the ceiling lighs. asked if the building was bugged. and asked if he was being recorded. Smith
than began to speak at length regarding gender and race. He said black and white children needed race specific role mod |.s He
said he was envisionInQ gender specific youth programming at RCS.
On March 1 201B Smith and Perry gave me 30-minutes notice that they would be giving a tour to a potential new RCS"board
member. Haven' s Outreach Manager Jennifer Saulpaugh (Caucasian female) gave the tour. During the tour. Smith
oondescendingly said he gives “them” (insinuating ""them to be me (female) and Ms. Saulpaugh (female)) “an the ideas ark they
just carry them out". CONTINUED ON PAGE 2
RESP NDENT'S N FOR ERSE ACTION ‘
RCS gave pretextual reasons for a final written warning. with no prior warnings, just days after I sent a letter to the Board fires.
\
ST EM NT 0F IMINATION
‘
III.
I believe that l have besen discriminated against because am

female over 40. and not African-Amerimn In violatlon of Tlflb VII
I
of the Clvll Rights Act of 1964. as amended the Age Discrimination in Employment Act and the Florida Civil Rights Act. have l
been remliated agalinst because objected/complained Intemafly.

A
I
I want this charge filed with bolh the EEOC and the Sm: or S] N 0 MPL INANT
local Agency, if any. I change my
will advise the agencies ifl A
‘
address or telephone numbef and cooperate fully with them in the LBW or affirm that have read 1h: above charge and
l that it is true to the best of my
yrocessing of my ch in lccordancc wikh their procedures. lmowlgg. information nnd belief. k
I declare under penal ofpcrjuxy Gm ma foregoing is true and NOTARY (When necessary for Sm: and Local)anu'ucmants) f
4rc
M, Subfwbcd and Sworn M: day of [7 2018.
‘
coerct'. to [l
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Charging Fany. (Signature)

Date:
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3//L3//g EXPIRESIJune 7, 20m ‘
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Tampa Field omce
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CHARGE 0F DISQIMHVKHON AGENCY CHARGE NUMBER
This form is affected by the Pn'vacy Act of 1974; See Privncy Act ___ FEPA
Statemant before completing this form. X EEOC
SH'QOIE’O i395;
Florida Commission on Human Rchtions and EEOC.
Slate or local Agency, if any
NAME
Erica Wiedemann
Page 2 of 2
After the March 1 tour. my Youth Advocate Hannah McCall (female) spoke to office assistant Nina Pazos (female) about
how shocked McCall was at how Smith belittled the female staff in front of the tour guest. Pazos told McCall to report It to
me. McCall also told me that when Smith came In, McCall was making copies in the reception lobby. and that Smiih looked
her up and down "like men do“. McCall stated Smlth made her uncomfortabie and she was unable to stand up to Smith
because he has the power to fire her.
Delores Cole was retaliated against at RCS after she complained lntemally. Smith fired RCS Director of Development
Suzanne Ruley (Caucasian female) on January 11. 201 7. Ms. Ruley filed an EEOC Charge. RCS replaced Ms. Ruley with
Scott Taylor who ls male and appears younger than Ms. Ruley. Lisa Maizner (Caucasian, female, over 40) was retaliated
against at RCS for complaining Internally. She was constructively discharged from RCS after filing EEOC Charges. Her job
dufies wele assigned to an African-Ameriun female - age unknown. Betty Anthony (Cauaslan, female. over H0)
complained Internally at RCS and eventually resigned from RCS. Her job duties were assigned to an AficamAmeri¢an
male, Phillip DeBerry — age unknown. Alexandra Thomas (Caucasian. female, over 40) was discharged from ROS. Herfiob
duties were assigned to an African—American male, Melvln Thomas - age unknown. Ms. Thomas has provided an affidavit
to the EEOC as part of Lisa Manners EEOC Charge.
Smith threw a luncheon to further African-American male. Melvin Thomas'. outreach to the community. He did not do this
Alexandra Thomas or me. We are not male or African-American.
for Lisa Matzner.
0n March 2. 201 8. Smith held a meeting with RCS senior staff. Smith cried during the meeting (with tears in his eyes) that
people have been personally attacking him. He then threatened those attending stating, "You nnnot get rid of me. If you
are not with me. you need to resign right now.” Smith then protested, ”Whatl do is an art. It‘s my song and my dance." Smith
then started to sing a song made famous by Beyonce. Smlth then yelled atthe 3/2/18 meeting attendees, 'Tell me why you
should not be fired today’mm At any time, couid ask you this. Be prepared to tell me. I'm serious.” He directed his rant at
l
me by stating no one can tell him they shouldn't be fired because they 'save lives and are Iiked'. was the only one in I
attendance who might have been able to say 'saves lives" with my work at The Haven, Ms. Ruley, Ms. Cole and Ms.
I
Matzner have all Idenfified similar threatening/irratlonal comments made by Smith to female staff.
Multiple other RCS employeeshave reported illegal and discriminatory treatment internally to RCS Board of Directors
President. John Goldsmith. Goldsmith is an attorney and his firm is representing RCS in the Charges brought by Suzanne
Ruley, Delores Cole and Llsa Manner. He would be personally knowledgeable of the content of the lntema! complaints and
Charges. But RCS has done nothing to stop the illegal treatment at RCS. On March 5. 201 8, my attorney sent a letter to
Goldsmith as RCS Board President and an attomey whose firm represents Rcs. My anomey stated my complalns asl
have indicated here and that the Board President, the RCS Board, Smith and Perry are protecting, fostering and furthering
a corporate culture of discrimination and other Illegal acts. Just 3 days later. on March B, 201 8. my job was threatened when
I was called into Peny's office and given a “final" wn'tten warning. had never been given any prior “Warnings” and the
I
allegations in the warning are pretextual. In the waming, RCS acknowledged my attorney's Ietter saying, “On March 5, 201 8,
Erica did not follow chain of command when bringing up a concern she had. which, as the Executive Director. expect her I
to understand and follow. Her failure to follow chain of command has also created a distraction for the President/CEO and
myself." Iwas put on probation and required to Conform to an unwarranted and unreasonable performance plan.
L [want this charge filed with both the EEOC and the State or SIGNg/ FC LMNANT
local Agency, if any.
address or telephone
processing ofmy
l will advise the agencies if! change
number and cooperate finly with them in the
charge in accordance with their proccdm'es.
my
1Tswear/n/mnn
or that
W/: é: /
have read the above charge and that‘1t is
I mm to the bat of my
knowledg‘Linformafion and belief.
I penalty f peg‘ury-«ha: the foregoing"1s nu: and NOTARY (When necessary for Slate and Local Requiremms)
?IEyvler Subjgnbed and Sworn to Me this Lida}! of ma rc/I
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c 2018.
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Charging Party
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Sigxaturc of Notary ~
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This form afiecbd by tho Privacy Act of

AGENCY c W05 NUMBER V ‘
is
Statement before completing this form.

1974; Sc: Privacy Act
__
X
FEPA
EEOC fl”, E0 0mg” r m
r _
57/«zor6h033‘2a
Flonda Commssion on Human Relations and EEOC. r
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State or local Agency, ifamy

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NAW .
HOME TELEPHONE (Includea?Pa code)
Ema F. Wiedemann
9w 1:1:1' ADDRESS CITY, STATE AND ZIP CODE DATE OF BmTH
NAWD IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMTI'EE, STATE 0R [DEL
GOVERNWNT AGENCY WHO DISCRHVIINATED AGAWST ME (lfmorc than one list belaw)
NAME anoint Employer NUMBER 0F EMPLOYEES, TELEPHONE (Include ma codex.
MBA Payroll Services II, Inc. fiEMBERS
+
STREET ADDRESS
‘
cm, STATE AND CODE m COUNTY a

9455 Koger Blvd., St. Petersburg, FL 33702 Pinellas
NAME of Joint Employer NUMBER OF EMPLOYEES, TELEPHONE (bciudc area code)
MEMBERS ,
CAUSE 0F DISCRJMINATION BASED 0N (Check appropriate box(es) _)g_ X Sex DATE DISCRIMINAHON TOOK PLACE
Race___Colox
-- Warm 4
__Re1igion __Nau‘ona1 origin x Remtiafion x Age

*“‘ “Disability x om: (spam Law“
”Wampum November 2015 June 26, zaps
X ContinuingAction
I. STATEMENT OF HARM
I am a Caucasian female. l am
over 40 years of age and previously the Executive Director of The Haven at Religious ‘
Community Charge of Discrimination against RCS in March 2018 (PC-1804-080; EEOC 51 1-2018-
Services. lfiled a pn’or
02389) MBA'Is an employee leasing company and Identified as my employer'. RCS and MBA are joint employers. lfilqd a
prior Charge of Discrimination against MBA'In March 2018 (PC~1804-081, EEOC 51 1-2018-02390). I
RCS have filed EEOC Charges (SUZANNE RULEY EEOC Charge No: 511 -201 7- 01660;
Three other former employees of
DELORES COLE EEOC Charge No: 511-2017-01726, and USA MATZNER EEOC Charge No.: 511-2017-02564).
In my prior Charge. asserted discrimination because of race gender, and age as well as retaliation against me and others at
l
RCS. After filed my Charge, RCS retaliated further against me On Apri! 23. 201 8 Melinda Perry and Kirk Smith issued an
l
“Employee Counseling“ with accusations including alleged acts that have "been ongoing for the past several years". The
allegations in the Counseling are untimely. inaccurate. vague and subjective. responded to the Counseling that any law morale x
claimed by RCS was related to ROS Pinellas‘ hostile work environment.
I was then subjected to further Counseling and was terminated on June 26, 201 8.

RCS gave pretextual reasons for a final written warning. with no prior warnings, just days after l sent a letter to file Board Pres
Ill. STATEMENT 0F DISCRIMINATION

I believe that I have been discriminated against because I am female over 40 and not African-American In violation of Title VII
of the Civil Rights Act of 1964, as amended the Age Discrimination m Employment Act and the Florida Civil Rights Act. have XI
been retaliated against because l objected/complained internally and with the EEOC.
__)_(_
local
[want this charge filed with both the EEOC and the
Agency,
address or telephone
if any. l will advise the agencies if I
number and cooperate fully with them in the
messing ofmy chage m accordance with their procedures.
State or
change my
81%?OFLLCO
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have read the above charge and that'xt
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AUG 2 O 2313
OFFICE OF HUMAN RIGHTS

Suit Against Kirk Smith, Religious Community Services

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Suit Against Kirk Smith, Religious Community Services

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Case Number:19-001462-CI

Filing # 85580474 E-Filed 02/27/2019 12:10:46 PM

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

SUZANNE RULEY, LISA MATZNER,

RELIGIOUS COMMUNITY SERVICES,

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs, SUZANNE RULEY, LISA MATZNER, and ERICA WIEDEMANN sue

Defendants, RELIGIOUS COMMUNITY SERVICES, INC, CERTIPAY PEO SOLUTIONS

1. Defendant, Religious Community Services, Inc. is a Florida corporation doing

business in Pinellas County, Florida (“RCS”).

is a Florida corporation, and does business in Pinellas County, Florida (“CertiPay”).

business in Pinellas County, Florida (“MBA”).

6. Plaintiff, Lisa Matzner, is a Caucasian female over 40 years of age.

7. Plaintiff, Erica Wiedemann, is a Caucasian female over 40 years of age.

company as the “employer” of workers at RCS.

9. Florida Statute §768.098 identiﬁes the relationship between a Florida employee

leasing company and its client company as one of “joint employment”.

and until the relationship between CertiPay and RCS ceased.

RCS’ relationship With CertiPay ceased.

business as CertiStaff VI, Inc.

17. RCS and CertiPay were Suzanne Ruley’s joint employers.

domestic Violence and advocating an end to domestic Violence.

Employee Leasing Company MBA.

employee leasing companies CertiPay and MBA.

Pinellas County, Florida.

at the RCS ofﬁce in Pinellas County. Smith told Ms. Ruley:

a. her credentials meant nothing to him,

threatened her job.

female staff member that she should “hurt” to see him.

a. spoke for 15-20 minutes about how all were dispensable,

b. declared he is the head of RCS human resources,

Smith yelling about ﬁring the attendees.

sleep about possibly losing their jobs.

at the Pinellas County ofﬁce. A11 in attendance were female. Smith:

b. told attendees he has no problem ﬁring people,

the proper respect, he Will ﬁre them, and

Smith told a group of female managers that “God spoke to me to be here”.

expectations” in her performance evaluations.

diagnosed with cancer/leukemia/lymphoma and she had a compromised immune system.

Which could affect her compromised immune system.

your commitment [and] expertise”.

undergo treatment due to her cancer.

to tell Suzanne Ruley about RCS receiving this invitation.

Chair John Goldsmith.

ofﬁce. Smith and RCS Board member Denise Nestor:

a. asked Why Ruley had sent the accommodations e-mail request,

b. criticized Ruley for sending the request to Goldsmith,

d. told Ruley everyone at RCS loved her,

e. asked Ruley to resign and presented her with a pre-prepared separation

be an executive director anywhere else, and

g. ﬁred Ruley When she refused to resign.

5 1. Ruley was replaced at RCS by a Caucasian male.

at the RCS workplace.

Cape Coral as of June 2013.

informed Smith that Ms. Matzner was a survivor of domestic Violence.

was startled by What she perceived as invasive, unwelcome, physical contact.

bigger than mine?”

do me a favor and call me When that happens because it will.”

it had nothing to do With performance.

Matzner complained to Mueller about Smith’s harassing, discriminatory and demeaning

Goldsmith’s ofﬁce for 3:30 p.m., April 12, 2017.

working from her home.

Goldsmith (Caucasian male) and complained to Goldsmith about Smith’s harassing,