February 8, 2023

VIA EMAIL

SCRAPPY THOMAS, INC.

c/o Eduardo Suarez-Solar
Gunster, Yoakley & Stewart, P.A.
401 E Jackson St
Suite 2500
Tampa, FL 33602-5226
(P): 813-222-6653
(C): 813-314-6953
esuarez@[Link]

RE: Client: Randy W. Chancy

Claim: Florida Civil Rights Act Discrimination, Florida Private
Whistleblower, and Unpaid Wages.
Your Company: SCRAPPY THOMAS, INC.
EEOC filing date: November 18, 2021
EEOC Charge No.: 511-2022-00197

Mr. Suarez-Solar:

Randy W. Chancy has retained my firm to represent him with respect to his claims under
the Florida Civil Rights Act, relating to his termination from SCRAPPY THOMAS, INC.
(“SCRAPPY THOMAS”) on September 10, 2021. The purpose of this letter is to demand
payment of $100,000.00 in full settlement of his claims against SCRAPPY THOMAS. We write
to resolve these issues quickly, quietly and without resort to litigation. However, in the event
SCRAPPY THOMAS is unwilling to settle this matter, I have been instructed by Mr. Chancy to
take appropriate legal action to protect his rights.

Demand for Insurance Information Pursuant to § 627.4137, Florida Statutes

At this time, we request that SCRAPPY THOMAS comply with § 627.4137, Florida
Statutes and disclose the name and coverage provided by each known insurer providing
Employment Practices Liability Insurance (EPLI) or General Liability Insurance that may have
been in effect while SCRAPPY THOMAS employed Mr. Chancy on the date of his termination.
In addition, we require that you forward this letter to any applicable insurance carrier as required
by § 627.4137. Failure to forward this request to an insurance provider could void coverage
under the policy.
 Request for the Preservation of Records, including Electronically Stored Information

At this time, we would also request that you take all steps necessary to preserve the
following records and Electronically Stored Information (ESI):
 Randy W. Chancy’s employee file;
 Marge Hutchins’ employee file;
 Ronald Lewis’ employee file;
 Brian Lewis’ employee file;
 Carolyn Lewis’ employee file;
 Jerome Lewis’ employee file;
 Stewart Greene’s employee file;
 Ed Jenkins’ employee file;
 David McCutchen’s employee file;
 Billy Williams’ employee file;
 Bradford Manton’s employee file;
 Miss “E”’s employee file;
 Ginger Medders’ employee file;
 Amilo (last name unknown)’s employee file;
 Mandy (last name unknown)’s employee file;
 Mandy (last name unknown)’s mother’s employee file;
 Chip (last name unknown)’s employee file;
 Joe Thevgy’s employee file;
 Joey last name unknown)’s employee file;
 Eddie (last name unknown)’s employee file;
 Soliqio (last name unknown)’s employee file;
 Sakeo (last name unknown)’s employee file;
 Sakeo (last name unknown)’s wife’s employee file;
 Mike (last name unknown)’s employee file;
 Danielle (last name unknown)’s employee file;
 Hunter (last name unknown)’s employee file;
 Cameron (last name unknown)’s employee file;
 Camron (last name unknown)’s employee file;
 Randy (last name unknown)’s employee file;
 Aaron (last name unknown)’s employee file;
 all records relating to staff assignments and schedules during Mr. Chancy’s
employment;
 all payroll related records maintained during Mr. Chancy’s employment; and
 all emails, letters, notes, memoranda, or other communications to or from Marge
Hutchins, Ronald Lewis, Brian Lewis, Carolyn Lewis, Jerome Lewis, Stewart
Greene, Ed Jenkins, David McCutchen, Billy Williams, Bradford Manton, Miss
“E,” Ginger Medders, Amilo (last name unknown), Mandy (last name unknown),
Mandy (last name unknown), Chip (last name unknown), Joe Thevgy, Joey last
name unknown), Eddie (last name unknown), Soliqio (last name unknown),
Sakeo (last name unknown), Sakeo (last name unknown), Mike (last name
unknown), Danielle (last name unknown), Hunter (last name unknown), Cameron
 (last name unknown), Camron (last name unknown), Randy (last name unknown),
Aaron (last name unknown), and Randy W. Chancy.

STATEMENT OF THE FACTS

Randy W. Chancy is a 43-year-old Christian male. On August 19, 2019, SCRAPPY

THOMAS hired Mr. Chancy as a Torch Cutter / Burner. As a Torch Cutter / Burner, Mr.
Chancy’s job duties included operating a torch, plasma cutter, or grinder to cut steel. Mr. Chancy
asked for an employee handbook for Scrappy Thomas but was never given one.

Mr. Chancy worked during the week as an oxy acetylene torch cutter and performed extra
services on the weekend. Mr. Chancy was paid $14.00 to $16.00 an hour during his time at
Scrappy Thomas. Scrappy Thomas paid Mr. Chancy by check but it was unclear if they paid him
under payroll. The front office staff, Mandy Bassett, and Ms. Bassett’s mother, Ms. Ella, clocked
him in and out of work. Mr. Chancy performed extra work on the weekends without pay. On the
weekends, Mr. Chancy was tasked to build a grill out of scrap metal, clean out fields of
dangerous grass, and move metal in the scrap yard to make more room for incoming scrap metal.

Mr. Chancy was discriminated against at his workplace because of his atheist beliefs.
Eddie Jenkins, one of the top managers told Mr. Chancy “Before I die, I’m going to get you to
believe in God.” A truck driver that worked under Mr. Jenkins, Suede Montana, told Mr. Chancy
that Mr. Jenkins had said Randy Chancy “did not believe in God.” That Mr. Chancy was a piece
of shit because he did not believe in God and did not deserve his wife, Ginger Medder. Mr.
Jenkins told the driver that Mr. Chancy uses her, and Randy must go and would be dealt with
accordingly. Mr. Jenkins asked him “How can you trust someone that doesn’t believe in God?”
Mr. Jenkins also said he would make sure that Mr. Chancy would be fired.

As promised, Mr. Jenkins and Scrappy Thomas’ other manager Joe Thevgy, conspired
against Mr. Chancy to get him fired because of his atheist belief and his reports. The top
managers constantly complained to the owner Brian Lewis about scuff marks on tires and things,
so that Mr. Chancy could not use the lifts, making his job almost impossible. The top managers
continued causing problems and made it so that Randy’s oxygen and acetylene tanks would not
be filled.

Radiated (Hot) metals were sent to the Scrappy Thomas yard by Mosaic and other
businesses and put into white sands field with other metals. Mr. Chancy was given a Geiger
counter and told to get the radiated metals out by hand. Mr. Chancy was concerned for his safety
and the safety of his co-workers. He reported unsafe conditions at Scrappy Thomas to his
managers, and the front office workers, Mandy Bassett, and Ms. Bassett’s mother, Ms. Ella but
was consistently disregarded and treated badly for his atheist belief. Mr. Chancy would report
when others left their oxy acetylene torches on at the scrap yard. Mr. Chancy also complained
about working in unsafe conditions where the oxy acetylene torches sometimes set fire(s) to the
deer grass found in the scrap yard. He also complained to management that he had no access to
clean drinking water and was told to drink from the hose attached to a shallow well.
 Following his complaints, Mr. Jenkins and Mr. Thevgy, harassed Mr. Chancy by
changing the locks on the doors so that Mr. Chancy could not work on the weekends. After he
complained to the owner, Brian Lewis, he was given a new key to the shop. Then Mr. Jenkins
started taking all the keys to the machines. Mr. Chancy again complained to the owner, Brian
Lewis, and once again the owner made Mr. Jenkins give Mr. Chancy the keys.

In November 2020, Mr. Chancy was injured on the job at Scrappy Thomas when he was
hit by block and was smashed between the block and a wall. Following his work-related
accident, Mr. Chancy had to use a John Deere Gator (vehicle) to get around the lot. One day after
his accident, someone had removed the John Deere’s engine so he could no longer use it. Mr.
Chancy told his boss, Brian Lewis. Once again, his boss said he did not know anything about it
and asked if they should call the cops. Mr. Chancy said yes, but the boss never contacted them.

On September 10, 2021, Scrappy Thomas’ terminated Mr. Chancy’s employment without
reason. Additionally, Mr. Lewis called the Sherriff and had Mr. Chancy trespassed. Three weeks
after his termination, Mr. Chancy stopped at a local machine shop to seek fabrication work. The
manager of the machine shop, Dwayne, told Mr. Chancy that he could not hire him. Dwayne was
told by Mr. Jenkins that if he hired Mr. Chancy that he could no longer do business with Scrappy
Thomas because Mr. Chancy did not believe in God.

LEGAL ANALYSIS

SCRAPPY THOMAS is liable for its unlawful termination of Mr. Chancy under the
Florida Civil Rights Act.

1. Florida Civil Rights Act

The general purposes of the Florida Civil Rights Act of 1992 (FCRA) are to secure for all
individuals within the state freedom from discrimination because of race, color, religion, sex,
pregnancy, national origin, age, handicap, or marital status and thereby to protect their interest in
personal dignity, to make available to the state their full productive capacities, to secure the state
against domestic strife and unrest, to preserve the public safety, health, and general welfare, and
to promote the interests, rights, and privileges of individuals within the state.

The Florida Civil Rights Act, further states, it is an unlawful employment practice for an
employer:

(a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate

against any individual with respect to compensation, terms, conditions, or privileges of
employment, because of such individual’s race, color, religion, sex, pregnancy, national origin,
age, handicap, or marital status.

(b) To limit, segregate, or classify employees or applicants for employment in any way
which would deprive or tend to deprive any individual of employment opportunities, or
adversely affect any individual’s status as an employee, because of such individual’s race, color,
religion, sex, pregnancy, national origin, age, handicap, or marital status.

The Supreme Court has said a claimant may establish a prima facie case of discrimination
by showing: 1) the claimant is a member of a protected class; 2) that he was subjected to an
adverse employment action; 3) his employer treated similarly situated employees outside his
protected class more favorably; and 4) he was qualified for his position. McDonnell Douglas
Corp. v. Green, 411 U. S. 792, 802 (1973).

Under the Florida Civil Rights Act (FCRA), which is Florida law, it is an unlawful
employment practice for an employer to discriminate against any individual with respect to his or
her compensation, terms, conditions, or privileges of employment based on religion. The
protection against religious discrimination extends to all employees and applicants for
employment. The FCRA forbid religious discrimination with respect to all aspects of
employment, including hiring, job assignments, compensation, demotion, advancement,
discipline, layoff, and discharge. When an employer subjects an employee to an adverse
employment action, such as demotion or termination, because of the employee’s religion, the
employee has been unlawfully discriminated against on the basis of religion in violation of the
FCRA.

After he was hired, Mr. Chancy top managers, Eddie Jenkins and Joe Thevgy,
discriminated and conspired against Mr. Chancy to get him fired because of his atheist belief and
his reports of unsafe working conditions. Mr. Jenkins disparaged Mr. Chancy to other employees
at SCRAPPY THOMAS and conspired to get him terminated for his belief. Mr. Chancy was
treated differently from his co-workers because of his belief and forced to work in unsafe
conditions. When Mr. Chancy reached out to his managers, front office, and boss he received no
relief from his treatment. Ultimately, allegations were made, and he was terminated. Following
his termination, Mr. Jenkins further interfered with Mr. Jenkins’ livelihood by making
disparaging comments regarding Mr. Chancy’s beliefs and threatening not to do business with
other potential employers if they decided to hire Mr. Chancy.

2. Retaliation under Florida's Private Whistle-blowers Act

Section 448.102 (3), Florida Statutes, states an employer may not take any retaliatory
personnel action against an employee because the employee has objected to, or refused to,
participate in any activity, policy, or practice of the employer which is in violation of a law, rule,
or regulation. To state a cause of action for violation of the Florida Private Whistle Blower's Act
("FPWA"), a claimant must (1) object (2) to an activity, policy, or practice of their employer (3)
prohibited by law; and show that (4) the law is applicable to the employer's business. Juarez v.
New Branch Corp., 67 So. 3d 1159, 1161 (Fla. 3d DCA 2011).

Under the Occupational Safety and Healthcare Act of 1970, 29 U.S. Code § 654, Section
5 - Duties of employers and employees:

a) Each employer –
 1. shall furnish to each of his employees employment and a place of employment
which are free from recognized hazards that are causing or are likely to cause
death or serious physical harm to his employees;
2. shall comply with occupational safety and health standards promulgated under
this chapter.
b) Each employee shall comply with occupational safety and health standards and all
rules, regulations, and orders issued pursuant to this chapter which are applicable to
his own actions and conduct.

Under Florida’s Occupational Safety And Health Statutes, Section 442.007, safety is an
employer responsibility:

Every employer as defined in s. 440.02 shall furnish employment that is safe for the
employees therein, furnish and use safety devices and safeguards, adopt and use methods and
processes reasonably adequate to render such an employment and place of employment safe, and
do every other thing reasonably necessary to protect the lives, health, and safety of such
employees. As used in this section, the terms "safe" and "safety" as applied to any employment
or place of employment mean such freedom from danger as is reasonably necessary for the
protection of the lives, health, and safety of employees, including conditions and methods of
sanitation and hygiene. Safety devices and safeguards required to be furnished by the employer
by this section or by the division under authority of this section shall not include personal apparel
and protective devices that replace personal apparel normally worn by employees during regular
working hours.

Mr. Chancy was concerned for his safety and the safety of his co-workers. He reported
unsafe conditions at Scrappy Thomas to his managers, and the front office workers, Mandy
Bassett, and Ms. Bassett’s mother, Ms. Ella but was consistently disregarded and treated badly
for reporting. He complained when others left their oxy acetylene torches on at the scrap yard
and working in unsafe conditions where the oxy acetylene torches sometimes set fire(s) to the
deer grass found in the scrap yard.

Radiated (Hot) metals were sent to the Scrappy Thomas yard by Mosaic and other
businesses and put into white sands field with other metals. Mr. Chancy was given little more
than a Geiger counter and told to find and get the radiated metals out by hand. He also
complained to management that he had no access to clean drinking water and was told to drink
from the hose attached to a shallow well. A shallow well that was presumably contaminated from
materials stored at Scrappy Thomas. Mr. Chancy complained and asked for an employee
handbook for Scrappy Thomas regarding safety but was never given one.

3. Unpaid Wages

A breach of contract in Florida occurs when one party to the contract fails to perform one
or more of the contract's stipulations. The elements of a breach of contract in Florida are: (1) the
existence of a contract, (2) a material breach of the contract, and (3) damages resulted from the
breach. DNA Sports Performance Lab, Inc. v. Club Atlantis Condo. Ass’n, Inc., 219 So. 3d 107,
109 (Fla. 3d DCA 2017), Abbott Labs., Inc. v. Gen. Elec. Capital, 765 So. 2d 737, 740 (Fla. 5th
DCA 2000).

Florida Statute 448.08 covers claims for accrued and unpaid wages. Florida courts have
addressed several types of compensation other than salary and found them to be "unpaid wages"
within the meaning of the statute. See D.G.D., Inc. v. Berkowitz, 605 So. 2d 496 (Fla. 3d DCA
1992) (unpaid commissions).

Mr. Chancy worked during the week as an oxy acetylene torch cutter. Mr. Chancy was
paid $14.00 to $16.00 an hour during his time at Scrappy Thomas. On the weekends, Mr. Chancy
was tasked to build a grill out of scrap meal, clean out fields of dangerous grass, and move metal
in the scrap yard to make more room for incoming scrap metal. Mr. Chancy performed extra
work on the weekends without pay.

Mr. Chancy can establish that he suffered damages because of SCRAPPY THOMAS’s
failure to address the hostile work environment, unpaid wages, and subsequent termination of his
employment. Because of SCRAPPY THOMAS’s illegal actions, Mr. Chancy suffered emotional
pain and suffering and significant financial loss. We are confident the above facts will support a
significant damage award.

DAMAGES

As SCRAPPY THOMAS is aware, lawsuits are expensive, distracting, and sometimes

embarrassing. They are also unnecessary, particularly if SCRAPPY THOMAS is prepared to
recognize the substantial liability that it would face in the event of litigation.

If Mr. Chancy prevails in his lawsuit, he will be entitled to the following damages:

• Lost Wages – Mr. Chancy will be entitled to back pay because of his unlawful
termination and front pay damages due to the blatant violation of the Civil Rights Act of 1964, as
amended and the Florida Civil Rights Act. Under the factual circumstances here, total lost wages
are likely to be substantial – quite likely three years of salary plus benefits, or roughly
$90,000.00.

• Emotional Distress Damages – Mr. Chancy has been emotionally and physically
devastated by these events. Although we realize that emotional damage awards are highly
unpredictable, an emotional distress award of $30,000.00 is entirely reasonable.

• Attorney’s Fees – Under the fee shifting statute, Mr. Chancy is entitled to
reimbursement of attorney’s fees. Based on the facts of this case, we anticipate a reimbursement
of about $100,000.00 in fees and costs after Mr. Chancy prevails at trial.

• Punitive Damages – Under State law, Mr. Chancy is entitled to punitive

damages. We expect a large punitive damage award based on the egregious conduct of
SCRAPPY THOMAS and expect to obtain at least $100,000.00 in punitive damages.
 These estimates do not include fees and costs that SCRAPPY THOMAS and any
individual defendants will pay their attorneys or pre-judgment interest. Put simply, if this case
proceeds through trial, PWC and the individuals named in the lawsuit could easily end up paying
out $300,000.00, along with an embarrassing jury verdict that highlights the discriminatory and
unlawful manner SCRAPPY THOMAS treated a quality employee.

DEMAND

At this time, Mr. Chancy demands payment of $60,000.00 from SCRAPPY THOMAS
for back pay, compensatory damages, front pay, and his resulting legal fees. You have until
March 11 2023, to accept this settlement offer and tender the appropriate payment to my office.
If you do not tender payment of $100,000.00 by March 11, 2023, my client will file suit against
SCRAPPY THOMAS for claims in violation of the Civil Rights Act of 1964, as amended and
the Florida Civil Rights Act. To satisfy this demand the check with payment must be provided to
my office by March 11, 2023. The check must be made payable to Jason W. Imler, P.A.

Again, we must request that you retain all correspondences including emails that you
have pertaining to Mr. Chancy, as well as his employee file, and all other records that pertain to
Mr. Chancy’s employment with SCRAPPY THOMAS. Failure to preserve this evidence could
result in judicial sanctions in a future court action.

If you maintain that these claims are governed by an arbitration or other alternate dispute
resolution process that precludes the filing of same in court, please provide a copy of same for
our immediate review.

If you have any questions, please do not hesitate to call me at my office or email me at
jason@[Link].

Sincerely,

IMLER LAW

Jason W. Imler, Esq.