Matt Forbush, the owner, put me
under duress using intimidation and force in an attempt to sign a contract
agreeing to terms that were never discussed at my point of hire. Had they
been discussed, I would never have taken the job. In text, he threatens
to fire me for insubordination. In email, he terminates me because the
company is going to move in a different direction. In writing on the
separation notice, he claims poor work performance. All of these reasons
for termination stem from the fact that I refused to be forced to sign a
document that had vague terms and stipulations before obtaining more information
from him, which I had requested but was declined.

A brief discussion regarding
switching managers between stores (Cool Springs Galleria and Hickory Hollow
Mall) occurred in the spring. Matt told me that he felt I did not have
the bottom line in mind and repeatedly asked if I liked him
(professionally). I reminded Matt that regardless of how I felt, the
corporate Store Representative had reviewed how well I had been doing, raising
net sales per customer by a significant amount, and that I had kept comparable
year to year net sales above 10% on average each month. Matt thought
about this for a few minutes in silence, and then said we would work something
out. It was not brought up again until I had to miss work several months
later. I became ill, but recalled Matt stating that if I ever called out
of work that I (or any other employee) had "better be in the
hospital." With no health insurance and lack of managerial support
(my assistant manager was out of town), I informed Matt that I was a serious
health hazard to the business and desperately needed him to come in. He
refused. With a 104 temperature, I worked the next three days (in a food
and beverage establishment, mind you) before I could no longer stand at the end
of the third night, shaking uncontrollably and becoming violently ill on the
way home in my roommate's car. Because I was unable to speak, my roommate
had to call and inform Matt that I was not going to be able to work and that I
was seeing a doctor the following day. The doctor's orders were no work
for several days. Matt was infuriated, asked why I had to miss work, and
demanded I work from home. (I do not believe Matt believed me when I said
I had pneumonia.) Fearing him and the loss of employment, I did so.
Looking back through email, I apparently sent some very delirious emails (some
of which don't even make sense, some of which I'm not sure when I even wrote
other than what the time stamp says) which I would say that I regret, but I was
under duress with a 104 temperature and trying to do my job. This may
have been the breaking point for Matt, but I do not know for sure.

Once recovered and I was getting
back into the swing of things, I stopped by Matt's primary business, Otter's
Chicken Tenders, to pick up a reimbursement check. It was at this time
that Matt presented me with some papers and said, "Take a look at these
and tell me what you think. My friend who had come in with me overhead
this and the audio/visual cameras that Matt has in the store could confirm
this. When I got home, one hour before I was to leave for work, I read
over the papers. The following texts transpired:

MGR @ 13:54: Matt at a quick
review these memos are inappropriate and i will not sign these forms until i
have had adequate time to review them. We should try to keep things in
line with industry standards. As for switching stores (as of this sunday) my
feelings on this matter have not changed. This will immediately affect
profitability and more importantly training of new hires.

MF @ 14:00: You do not rewrite
memos for my company, you will abide them like everyone else does or be
terminated for insubordination.

MF @ 14:01: Either they will
be signed by the time I get there or I will have your separation notice filled
out to give to you

MGR @ 14:09: Cool heads must
prevail regarding this matter. I have been given one hour to look at this and
you stated ?take a look at these and give me your thoughts'. I did what you
asked and you immediately threaten my job? There are some legitimate talking
points that should be discussed and can be resolved. I do not understand how my
opinion is insubordination since you wanted my thoughts on the memos.

MF @ 14:11: I never asked for
your thoughts I said I would be over there to discuss any questions with you,
but nothing is changing

MGR @ 14:13: I have witness to
what you said exactly. Perhaps you meant to say something different but you did
not.

MGR @ 14:19: What time do you
plan to be at the store? I am going to work, i will be training. This needs to
be discussed tonight.

MF @ 14:45: there is nothing
to discuss, those documents have to be signed and abided by

MGR @ 14:48: Memos and
contracts are two different things. Memos will be signed as required by
the job, but one hour to review a work contract is egregious and creates a
hostile work environment. Do you disagree?

MGR @ 15:02: Just to clarify
only the memos must be signed, correct? I am not signing the contract due to
the hostile nature in which it was presented. I am under duress to agree to
terms that were never discussed at my point of hire.

MF @ 21:22: Please check email
before your shift

My shift began at 3:00pm that
day. I arrived to work and began training new hires. Walking to the
back with them, Matt ran into me and ordered for me to go home for the
day. I said, Matt, we need to talk. He reiterated, Go home,
we're not talking about this now. I insisted on the matter. Al
[his father] and I are going to talk, we'll talk about this tomorrow. Go home.
Will I be paid for all of today? I asked. He replied Yeah, as he
walked away with the new hires. There was a witness that observed and
listened as I had to chase Matt down one last time to give him materials that
were to be given to the trainees and to tell him where their employee files and
uniforms were. I left as ordered.

The email sent by Matt is as
follows:

Effective 8:00 PM CST BaHa, LLC is
going to move in a different direction with our management. This is due
to various operational inconsistencies with both Auntie Anne's Inc. and BaHa,
LLC as well as failure to preform basic duties required of management and lack
of the ability to bring the team attitude and management philosophy we strive
for at BaHa, LLC. You will have a formal termination notice waiting for
you at the kiosk by 8:00 PM CST on Friday, June 8, 2010. Your last
paycheck will be available after 2:00 PM Friday, June 15. In order to
receive the full amount please make sure to return all BaHa, LLC materials...[confidential
list omitted].

Matt Forbush

[phone number omitted]