EXHIBIT “A”

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 1 of 10
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Alicia Kendrick

From: Daniel R. Levine

Sent: Friday, May 22, 2020 12:17 PM

To: david@levylevylaw.com

Cc: Chad Levy; Alicia Kendrick; Marissa Gart

Subject: Joe Taylor Restoration / Timothy O'Bryan

David –

As you know, we are labor and employment counsel to Joe Taylor Restoration (“JTR”).

I have had an opportunity to look into your allegations, including a review of comprehensive and detailed notes, emails

and other record communications my client kept regarding its dialogue with your client, Mr. O’Bryan, during the

relevant period of time.  As I suggested to you previously, Mr. O’Bryan has not been honest with you in terms of all the

relevant details surrounding his departure.  This is not surprising, as it was his dishonesty that led JTR to terminate his

employment in the first place.

While we could summarily dismiss your allegations with conclusory statements and self‐serving denials, I do not want to

do that with you, out of respect.  To that end, throughout this email, I will provide  you with comprehensive details,

along with certain evidentiary support, so that you can discuss everything with your client and take a hard look at how

this matter is likely to play out in court and whether you really wish to press forward.  This is simply one of those cases,

and certainly this client, where I will be in the unenviable position of having to pursue sanctions against you for pursuing

a frivolous claim.  Hopefully, by sharing with you the following information, we will prevail upon you to walk away from

this case (and this client).   

Mr. O’Bryan was on the schedule and worked on Monday – Wednesday, the week of March 16, 2020.

However, on or about Wednesday, March 18, 2020, Mr. O’Bryan sent the following electronic communication from his

phone to his supervisor, Glenda Galarza:

Hi Glenda, sorry I didn’t see you before I left. I left shortly after lunch cause i was starting to get a headache

which usually ends with a migraine. I got home and took my migraine medication I'm good now. See you

tomorrow.

Around this same date, JTR sent a couple of employees home because they were around someone who showed

symptoms of COVID‐19.  For this same reason, and as JTR was being ultra‐cautious with regard to the COVID‐19

pandemic at this point back in March, JTR asked Mr. O’Bryan to provide a doctor’s note relating to his headache

symptoms before returning to work, as JTR wanted to make sure Mr. O’Bryan was not positive for Coronavirus inasmuch

as headaches are a symptom.  Mr. O’Bryan therefore was taken off the schedule as of March 19.

On or about March 23, 2020 (the following Monday), Mr. O’Bryan provided JTR with the following return to work

doctor’s note, related to his headache symptoms.

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 2 of 10
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The note seemed a bit curious, as it indicated Mr. O’Bryan was under Dr. Newcomer’s care since March 9,

2020.  However, since it did not indicate anything relating to COVID‐19, JTR allowed Mr. O’Bryan to return to work at

this time.  Additionally, Mr. O’Bryan was permitted to use his PTO from March 19 – March 24, so he did not miss any

pay.

You may wish to make a mental note of the significance of this particular doctor’s note as it will become relevant to

the story later on.   

On Wednesday, March 25, Mr. O’Bryan did not report to work, this time due to an alleged “stiff back”.  Ms. Galarza

emailed him:

I hope all is well. This morning I was notified by the PTL you did not come to work today due to a “stiff back”. I

was not notified by you directly, so I am reaching out to confirm this was the case and to check on you. Can you

please provide us with a description of you symptoms/pain/etc. and what might have cause this. Did you contact

your doctor?   

  

I have copied HR and Aaron on this email to keep them in the loop. Thank you.  

  

Mr. O’Bryan responded via electronic communication from his phone approximately fifteen (15) minutes later:

I did call my doctor that did my surgery and explained the problem and he said if I have been just laying around

not doing anything that would cause it. He told me some stretches to do 1st thing when I wake up and walking

will help.

Ms. Galarza then responded:

Re,.,,r1.,,, , i ""'?1⁄4,~ Ql'·v,~f !) 

.en,; ~ro i o, 

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 3 of 10
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I received your email, thanks for the quick reply. Since you already had a doctor’s appointment scheduled for

tomorrow and had asked to leave early, please take tomorrow off and lets touch base after your appointment to

make sure all is well. Thank you.  

Mr. O’Bryan replied:

Ok, thanks. Also sorry I didn’t inform you sooner about not coming in today. I contacted Chris at 6am this

morning and i know you said not to contact you that early so i was gonna contact you later.   

Mr. O’Bryan continued to use his PTO for March 25 and 26, so he did not miss any pay.

Mr. O’Bryan worked on Friday, March 27 and the following Monday, March 30.

However, after work, in the evening, on Monday, March 30, 2020, Mr. O’Bryan sent the following email to JTR’s Director

of Operations, Karen Radewicz (who also serves as HR):

Ms. Radewicz promptly responded:

PTO 

~ Timothy O'Bryan 

~ To Karen Radewicz 

(3:Reply <~ ReplyAII ➔ Forwaf<7 

Mon 3/ 30/ 2020 i 

Hi Karen, hope all is well with you. I just had a question and this is a question that a lot of techs are wondering about, last week and the next week I wa 

to stay home cause you all thought I was sick and you did'nt want to take the chance of me having the virus. The question is since I was told to stay hon 

why should i have to use up my vacation pay if i want to get a check? I didn't call in sick or just didn't show up i was told i can't come in. I only have 32 1 

left for the year, there were 4 days J was told not to come in, March 19th, 2oth, 23rd, 24th. The other days I took. There are a lot of techs that won't ca 

sick cause they know you'll make them self quarantine and they said they can't afford to be out of work without pay or use up there vacation pay. I ratl 

not give names but it is happening. Is there anything that can be done about this? Thank you for your attention on this matter. 

Re: PTO 

• 

Karen Radewicz 

To Timothy O'Bryan 

~ Reply <~ ReplyAII ➔ Forward 

Mon 3/ 30/2020 · 

Good evening Tim, 

I hope you're doing well. Thank you for reaching out , I appreciat e all t he quest ions, and voicing your concern. 

The first t hought is if you know anyone that's not feeling well but still working, to tell t hem not to report to work. We have health standards to follow, 

only as a company but through Federal requirements. It's very important they follow this to keep everyone safe and well, and for our customers. 

Right now Aaron has instructed employees to take PTO or borrow from 2021 so they aren't without a paycheck, if t hey are out sick. 

With all t hat said, I know this is a difficult time for everyone, it's stressful and unnerving. The best advice I can give tonight is to please ask the people y 

know who aren't feeling well to st ay home. And to ask them to speak with Glenda, or myself, so we can help. We are all in t his toget her. 

I'll get back to you with more tomorrow, unt il t hen please don't hesitate to reach back out if you need anything or have other concerns or questions. 

Take care and st ay healthy, 

Karen 

Best Regards, 

Karen Radewicz 

404-788-7002 

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 4 of 10
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As I am sure you know and can appreciate, the FFCRA was not effective until April 1, 2020.

In any event, on or about Tuesday, March 31, Mr. O’Bryan advised Ms. Galarza via electronic communication from his

phone:

I called Christian this morning to let him know I wasn't coming in cause I'm not feeling good. Was up coughing

and a little dizzy last night no fever though. The coughing started yesterday. Feels like a chest cold.”

On Wednesday, April 1, 2020, Mr. O’Bryan advised Ms. Galarza and Ms. Radewicz he wished to stay home.  Ms. Galarza

advised him by email at that time:

                

Thank you for taking our call today. I’m glad to hear you are not coughing as much anymore and no fever! Please

touch base with me every morning to keep me posted on how you are feeling.  Attached you will find 2 forms to

be completed and returned to me or HR if needed. Please confirm the attachments were received.  Let us know

if you need anything and get better soon! Thank you.”

The two (2) attachments were (1) a Certification of Employee for Eligibility for COVID Related Paid Leave  and (2) an

Employee Request for Emergency Paid Sick Leave.

On April 2, Mr. O’Bryan signed and returned both forms.  At this point, the Company started tracking the days associated

with Mr. O’Bryan’s self‐quarantine, so as to know when the recommended 14 day period was up.

Mr. O’Bryan’s supervisor and Ms. Radewicz manager followed up with Mr. O’Bryan at that point, via telephone, and

asked Mr. O’Bryan to provide JTR with any COVID‐19 test results.

Mr. O’Bryan used his PTO for March 31 through April 3, 2020, while the Company attempted to confirm his eligibility for

COVID related paid leave, pursuant to the FFCRA.

On Monday, April 6, 2020, Mr. O’Bryan left a voicemail for Ms. Galarza, informing her he was “100% better” and ready

to come back to work.

However, as this was inconsistent with Mr. O’Bryan’s previous reports, and because the company certainly did not want

a potentially infected employee in the workplace, on or about Tuesday, April 7, 2020, Ms. Galarza followed up with an

email:

               I hope you are feeling better. I received your voicemail yesterday. Please contact your Dr. to provide you with a

note that says you are not contagious and you are released back to work or a negative test result.  Thank you so much.

Mr. O’Bryan responded on Tuesday, April 7:

               Hi Glenda, I spoke to my doctor and he advised me to self‐quarantine the 2 weeks. I started running a fever

last night but no other symptoms. I'll keep you updated on how I'm doing. Talk to you soon.

The next day, April 8, 2020, Ms. Galarza followed up yet again:

Thank you for the update. Please take care of yourself and check in everyday so I know how you are doing.

Thanks!

On Monday, April 13, 2020, Mr. O’Bryan advised:

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 5 of 10
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Hi Glenda, just wanted to reach out and let you know I'm feeling fine and ready to come back Wednesday the

15th. My 2 weeks ends after tomorrow. Never got any symptoms. Hope to be on the schedule for Wednesday.

Thank you.

Mr. O’Bryan’s representation at this time that he “never got any symptoms” was inconsistent with his prior

communications, to the effect that he started coughing as of March 30 and had a fever as recently as April 7.  Moreover,

on April 7, Mr. O’Bryan reported that his doctor advised him to self‐quarantine for 2 weeks, which would have been until

April 21.

On April 14, 2020, Mr. O’Bryan called and spoke to Ms. Radewicz, advising that he had a doctor’s appointment.  Ms.

Radewicz asked him to get a doctor’s note to determine if JTR should continue to quarantine him or alternatively

confirming that he is negative/not contagious and able to return back to work.  At this time, Mr. O’Bryan also completed

and provided an updated Employee Request for Emergency Paid Sick Leave:

                                                                                                            

                               

•~, J9¥.!1!~R~. Employee Request for Emergency Paid Sick Leave 

To request emergency paid sick leave as provided under t he Families First Coronavirus Response Act and Joe 

Tay1or Restoration's Emergency Paid Sick Leave Poticy, please complete this form and submit to your manager or 

t he human re-sources department as soon as possible before leave commences. 

Check the reason below for t his emergency paid sick leave request. •••REQUIRED••• - Provide statement 

explaining why you cannot work or telework due t o the reason checked below: 

0 1) I am subject to a federal, state, or Jocal quarantine or isolation order related to C0Vl~19. Provide the 

name of the government entity t llat issued t he quarantine/isolation: 

XO 2} I have been advised by a health care provider to self-quarantine due to concerns related to COVJD-19. 

Provide the name of the doctor who recommended quarantine: ___ Dr¥Jack 

Newcomer _ __________________ _ 

0 3) I am experiencing symptoms of COVI0-19 and seeking a medical diagnosis. Provide t he name of the 

medical facility where medical diagnosis was performed: 

0 4) I am caring for an individual who is subject t o either number 1 or 2 above. Provide the name of the 

government entity or medical provider that issued or recommended quarantine or iso1ation: _ ___________________________________ _ 

0 5) I am caring for my child whose primary or secondary school or place of care has been closed, or my 

childcare provider is unavailable due to COVI0-19 pre.cautions. Provide the following information: 

Name of child(ren) and age(s): _____________________ _ 

Name of school, place of care OR childcare provider that closed: 

Provide a statement explaining that no other suitable person is available to care for the child(ren) during the 

period of requested leave: ______________________ _ 

0 6) I am experiencing another substantially similar condition specified by the secretary of health and human 

services. 

I have attached documentation supporting my need for leave. 

FmPIPYff Sieoi'111CP DmPThY s O'Bomo Pme Aorn z 2020 

Maoaeec Sieoaruce Pate 

HB Pf Ps mem Ben Siensmre Oare 

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 6 of 10
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You will note Mr. O’Bryan confirms he was allegedly advised by Dr. Newcomer to self‐quarantine for COVID‐19

symptoms as of April 7, 2020.

On April 15, 2020, Ms. Radewicz emailed Mr. O’Bryan and requested that Mr. O’Bryan provide a doctor’s note attesting

to the fact that he was advised to self‐quarantine since April 7.   

In response, Mr. O’Bryan initially sent only a partial picture of a doctor’s note, which raised suspicions, so Ms. Radewicz

sent the following email to Mr. O’Bryan:

Thereafter, Mr. O’Bryan sent the following photo to JTR:

IFW: Note from doctor 

• 

Karen Radewicz 

To • Aaron Getty; Glenda Galarza 

From: Karen Radewicz 

Sent: Wednesday, April 15, 2020 1:36 PM 

To: Timot hy O'Bryan <tobryan@jtrestoration.com>; Glenda Galarza <GGalarza@jtrestoration.com> 

Subject: RE: Note from doctor 

Hi Tim 

~ Reply 

Thank you for sending the doctor's note over. Would you please take a photo of the entire document, we will need to see the doctor's fac 

it for returning to work. 

I verified if this doctor's note is acceptable and unfortunately is does not meet the requirements for the sick leave pay under the CARES act 

that you would get a doctor's note for April 7th that specifically states that you are to be out of work because of COVID-19 symptoms anc 

were seen, etc.). 

A, Timothy o·s,yan W' To GIMd1G,1,ru 

Cc O lwtn R.tdtwtc.r: Al,on G,tty 

Hi Glenda, I spoke 10 my doctor and he advised me to self quarantine the 2 weeks. I started running a fever last night but no other symptoms. I'll keep you updated c 

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 7 of 10
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So now, despite advising JTR on April 7 that his doctor advised him, on April 7, to self‐quarantine for 14 days, Mr.

O’Bryan provided JTR with a “doctor’s note” stating he has been under the care of Dr. Newcomer for the treatment of

an unspecified medical illness since April 14 (the same date of the note itself), proclaiming Mr. O’Bryan may return to

work as of April 15.  The note also states Mr. O’Bryan had a fever 14 days prior, but we have the email from Mr. O’Bryan

himself, dated April 7, where he advised he started running a fever the night before (April 6).   

Additionally, I would invite you to compare this note with the one Mr. O’Bryan previously submitted in connection with

his alleged headaches/migraines, which I will copy here for your convenience:

Cf'...RTIFJC ATF ~ RE.TURNTOWORIVSCHOO 

DATE.;_ 111-1 I 

FATJ NT Tfl'I, QfaZyp,r\ 

ha,s been U<>dcr m9 ,:.a,c from da to, :::\ / 14 r.z 

h>r-thctrcatmentof I )ffl;<A I. dne:ss 

and i6 able to return to WDr1/5chool on 4 j 13 ( ,Ji) ac? 

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 8 of 10
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Both notes are from the same medical office and same doctor.  The form appears to be the same.  Other than that, I will

allow you to draw your own conclusions.  But, David, I cannot imagine you would disagree, at the very least, the April 14

note seems extremely suspect.  First of all, the handwriting on the April 14 note appears juvenile.  But okay, perhaps a

different employee filled out the April 14 form and the employee had messy handwriting.  It is a possibility.  But then we

have the fact that, according to the April 14 note, the doctor only saw Mr. O’Bryan once, on April 14, for this unspecified

“medical illness”, did not test him for COVID‐19, yet still proclaimed him ready to return to work on April 15?   And do

you really think a doctor would – in writing, proclaim someone “non‐contagious”, without testing, based on a one day

observation and the patient’s self‐reporting of his symptoms and the relevant timeline?  Extremely doubtful.  And then

you have the fact that the doctor’s signature on the April 14 note, at best, is quite “different than the one on the

previous note.  The March 23 note seems like a stamped signature, but stamped or otherwise, I assume that is what the

doctor’s signature typically looks like.  The March 23 signature also includes “MD PA” while the April 14 note only

includes “MD”.  That’s odd.  And the entire style of the signature is quite different.  The March 23 signature is fairly

skinny and small.  The April 14 signature is much larger.  If I can see this with my naked eye, I am certain a forensic

examiner would have a field day.   

Notwithstanding, the saga continued.   

On or about Wednesday, April 15, 2020, Ms. Radewicz contacted Mr. O’Bryan by phone and notified him of the need for

further documentation (negative test result or doctor’s note specifically stating he is not contagious for COVID‐19.  Mr.

O’Bryan advised Ms. Radewicz he would “call his doctor and see what they can come up with”.

On or about Thursday, April 16, 2020, Mr. O’Bryan sent the following email:

M-D..SIGNATURE., __ --1~TM11~•••=~· ,t.lll.11).._J!. - . -

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 9 of 10
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On or about Friday, April 17, 2020, Mr. O’Bryan confirmed he took the COVID‐19 test and is awaiting the results.  On this

same date, Ms. Radewicz sent an email to Ms. Galarza, regarding the status of Mr. O’Bryan’s return to work, confirming

JTR was waiting for further documentation from Mr. O’Bryan.

Finally, on the ensuing Monday, April 20, 2020, Ms. Galarza, Ms. Radewicz and the Company’s Vice‐President, Aaron

Getty, called Mr. O’Bryan to see how he was feeling and if he had received the test results yet.  During this conversation,

which took place over speakerphone, Mr. O’Bryan admitted he had not been honest about the doctor and

quarantining.  As a result, JTR advised Mr. O’Bryan it would have to involuntarily terminate Mr. O’Bryan’s employment

as he had not been honest with the company.  However, JTR agreed it would not challenge Mr. O’Bryan’s claim for

unemployment compensation benefits.  JTR also gave Mr. O’Bryan the option of voluntarily resigning, but in that case,

by law, he would not be eligible for unemployment.  Mr. O’Bryan chose involuntarily termination.  All three witnesses

will attest to this conversation, including the fac that Mr. O’Bryan specifically mentioned he “felt bad” about the entire

situation as he always teaches his kids to be honest.

I trust you will review all of this with your client.  Again, should you choose to proceed with this, I feel obligated to put

you on notice of the fact JTR will insist we serve a Rule 11 (or 57.105) motion and seek to recover any and all expenses,

including reasonable attorneys’ fees, incurred in having to defend this case.  I hope you will take this to heart and really

do your due diligence here.  You know I do not raise the specter of sanctions as a matter or routine practice.  And when I

do, I make sure to provide enough facts and evidentiary support to demonstrate a particular case is truly frivolous.

If you determine to file suit, we will accept service and waive formal service of process.

Be well.

Daniel R. Levine, Esquire

*Board Certified in Labor & Employment Law – The Florida Bar

*Arbitrator & Mediator ‐ American Arbitration Association  

3837 NW Boca Raton Blvd., Suite 200 | Boca Raton, FL  33431

Main: 561.544.8900 | Facsimile: 561.544.8999

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Re: Note from doctor 

~ Timothy O'Bryan ~ Reply <~ Reply All ➔ F 

~ To ( Glenda Galarza; 0 Karen Radewicz Thu' 

I Saved to HR COVI D 19 

Hi Glenda & Karen, I have an appointment to get tested tomorrow at 10am When I get the results I'll let you know. Will that change my st 

getting paid the sick pay? 

Sent via the Samsung Galaxy S10e, an AT&T 5G Evolution capable smartphone 

Get Outlook for Android 

PADULA BENNARDO LEVINE 

COLL ORAllVE LGAL SOLUT,ONS FOR IODAY'S BUSINESS NEEDS 

Case 9:20-cv-80993-WPD Document 92-1 Entered on FLSD Docket 07/28/2021 Page 10 of 10