CLASS ACTION LAWSUIT
Greetings,
A class action lawsuit has been filed by a former employee. This individual and their attorney are actively reaching out to Agape employees who have worked over the past four (plus) years in an effort to enlist as many as possible to join in their cause. It is our desire to deal directly with individuals to resolve any issues which may exist with their employment and to assist those who are agreeable to opting-out of this litigation.
Complaint Summary: Brian Susmilch ("Plaintiff'), a former employee of North Coast Ministries dba Agape Home Care ("Defendant), on behalf of himself and current and former non-exempt employees-of Defendant. The lawsuit is currently pending in Humboldt County Superior Court and is entitled Brian Susmilch v. North Coast Ministries, et al., Case No. CV2301894. In the lawsuit, Plaintiff claims that Defendant: (I) failed to pay minimum wages, (2) failed to pay overtime wages; (3) failed to provide meal periods; (4) failed to permit rest breaks; (5) failed to reimburse business expenses; (6) made unlawful deductions and secretly paid lower wages; (7) failed to provide accurate wage statements; (8) failed to pay all wages due upon separation of employment; (9) violated the unfair competition law; and (10) owes penalties under the Private Attorneys General Act. Plaintiff seeks legal relief for these employees, including monetary damages, penalties, and attorneys' fees (see the complete court filing by clicking HERE).
The language in the Complaint is quite strong, and we disagree with the allegations being made against us. While we would not intentionally wrong anyone, unintentional errors in payroll processing can occur despite prudent efforts to ensure accuracy, and we want to correct any errors in good faith. If you believe there was some error in the processing of your payroll during the course of your employment, I invite you to respond to us directly for a complete review of your payroll records. Litigation is not necessary to resolve any issues which may exist, and we would appreciate the opportunity to settle any concerns directly, if possible, as it is our conviction to “do what is right” and “be at peace with all people.”
The nature of this litigation is such that employees will automatically be included in this lawsuit unless they formally decline to participate in writing. This would be an additional step beyond opting out of the recent correspondence sent by ILYM Group, Inc. regarding the sharing of your contact information with the Plaintiff’s attorneys. If you are fully satisfied with the terms of your employment and the payroll you received during the course of your employment with Agape Home Care, with or without a payroll review, we would appreciate you taking the time to formally ‘opt out’ of this class action lawsuit. We can supply the necessary legal form for you to complete and sign. I want to stress that all communications with the parties in this matter is voluntary and will have no effect on your employment.
Please reach out to us to resolve any employment issues and/or for information in how to opt-out of this lawsuit:
Email: trent@agapehomecare.org
Cell Phone: (707) 496-8298
Text Message: (707) 496-8298
Mail: P.O. Box 4881, Eureka, CA 95502
On behalf of Agape Home Care, I would like to personally thank you for your participation, past or present, in this ministry serving Humboldt County seniors. Together, we made a positive difference in the lives of many people.
Trent Zelanick