Inadmissible Settlement Communications

CA Bvidence Code Sections 1152' ll54

McT's Bullpen, Inc.

16246 First Street
Guerneville, CA
95446
707-869-3377

October 26,2017

Sider
Law Office of Jacob Sent USPS
{a8/
447 6:'tstreet certifiJ i l!t\-?rr]e*:y$ z l*l
Oakland, CA 94609 Return Receipt Requested

Re: Former Employee Chantee Edwards

Dear Mr. Sider:

Your letter dated October 3,2017 to Terry Milko relevant to the discharge of Chantee Edwards
has been referred to me for an answer. I am the individual responsible for hiring/ftring employees
and setting work schedules for McT's Bullpen, Inc. (hereinafter "Bullpen" or'the Bullpen")
employees.

Chantee Edwards, an at-will employee, was hired by the Bullpen on May 21,2017 as a relief
bartender. She was one of six relief bartenders the Bullpen maintained at that time (the others
being: Tom Fouche, Kami Ho'Okano, Paul Cuschieri, Morgan Kent and Lindsey Sola).

Chantee was terminated on July ll,2017 after 5l days of relief bartending, having failed our
standard ninety-day trial period. During her trial period, she worked a total of ten different times
1.
accumulating a total of 59.5 hours of employment, to wit:

May 23,2017 8 hours Jvte 7,2017 4 hours

May 24,2017 8 hours Jvre 12,2017 4 hours
May 27,2017 3.5 hours June 14,2017 8 hours
May 29,2017 8 hours July 9,2017 8 hours
June 5,2017 4 hours July I7,2017 4 hours

During that time she was issued four payroll checks netting a total of $520.02 io pay. This includes
her termination check issued July 14, 2Ol7 amounting to $105.74.
As noted in my text to Chantee which you partially quoted in your October 3,2017 communique,
she was terminated on July 12,2017 because her sales were unacceptable. Total sales
on the
relevant night amounted to $604 of which $433 was generated by the previous bartender (Bella
Saucedo). Her sales on her previous eight hour shift on July 9, 20li was $645. I have been
affiliated with the Bullpen for over fifteen years and these sales were the lowest July sales in my
memory. July is a high-sales tourist month and her shift and/or half shift should have gener ated-a
minimum of $700 and $900 respectively. Both nights included entertainment.

At the time we hired Chantee she was employed as a bartender at the Union Hotel in Occidental,
Califomia. Shortly afterwards (around May 30th) she was terminated at the Union Hotel.
Sometime in mid-June she was then hired by the Northwood Lodge and Restaurant and was
subsequently terminated there. Chantee advised me by text that this termination was prompted 3.
by her boyfriend Mitchell Crownover [hereinafter referred to as "Mitch"] as a result of one of their
numerous disputes (see text below). Melissa Schwartz (one of our scheduled bartenders) told me
that during this time ftame, Chantee told her that she was also hired and fired from a bartender
position at a Healdsburg hotel.

Since Chantee brought it up, I interviewed the owner of the Northwood Bar and Restaurant (Chris
Schilling) on October 2I,2017 and she advised they had terminated Chantee because her sales
were way off. The pertinent part of Chantee's text wherein she accuses her estranged paramour
Mitch of interfering in her employment at Northwood Bar and Restaurant is as follows:
4.

Chantee to Danny [i.e. Daniel J. Demers]

I think he [i.e. Mitch] had his hand in Chris [i.e. owner of Northwood Bar and Grill] suddenly not
using my services as well. lt's a small town. [Bracketed added for clarification].

There were other pertinent factors in her termination.

On July 1,2017 Chantee was scheduled to work from 10 PM until 2 AM in her capacity as a
backup bartender with Bella Saucedo who is one of our permanent bartenders. She was scheduled
due to anticipated business relative to Guerneville's 4tr of July freworks celebration (held July 5.
1s). She failed to show. The event held that night was our biggest gross revenue night of the year.
Bella advised me we could have done another $1,000 in sales if she had the back up.

Pertinent to this Bella was understandably upset and texted me the following day:

Bella to Danny

"It was a shit show doing it alone. .-" 712117 10:33 AM

On the following day July 2,2017 Chante texted me that someone had stolen money from her
house and when she finally got to the bar she saw her boyfriend, Mitch, with another woman. She
got upset and decided to leave the bar. She never told anyone of this emotion-based decision-
not Bella the duty bartender or anyone. She just left causing a significant loss in revenues to McT's
6.
Bullpen.

z
 The pertinent text stream is provided as follows:

Julv 1,2017

Danny to Chantee

Bella probably need help tonight. You available?

7.
Chantee to DannY

After 9

Danny to Chantee

Yes

Chantee to Danny

The following day I received the following text:

July 2,2Ot7

Chantee to Danny

Danny I wanted to apologize to you and Chrissy [Nichols]. I had some money stolen from my
house last night that I discovered when I got home. I came to the bar to help but saw Mitch
with another woman. And I got pretty upset. I tried to pull it together but thought it best if I
didn't' stay. l'm sorry I hope you guys can forgive me [Bracketed added for clarification].

Regarding her firing on July 11 she verified my decision and suspicions when she texted me that
she had accepted an IOU and gave away a round of nine drinks-{herry Kamikazes. The value
of which, had they been rung up, would have amounted to around $75.00. Our relief bartenders 8.
do not have carte blanche authority to give away our liquors. The relevant part of Chantee's text
of that day reads as follows:

Chantee to Danny

"l was also given a slip with an iou for drinks that I never knew protocol for and bought a round
of 9 drinks for some locals who don't come in much because of new bartenders and their
judgement about it apparently."

While Chantee asserts that she didn't know the protocol regarding complimenting drinks to customers or
accepting IOU's, the fact of the matter is that one of our off-duty scheduled bartenders, Bella Saucedo,
was present at the time she comped the drinks ["comped" or "comp" is short for "complimentaq/']. She
could easily have asked Bella what the protocol was but she didn't. My interpretation of the incident is
that she gave the drinks away in an effort to garner bigger tips from the comped customers. Also the 9.
Bullpen does not issue 1.0.U.'s for its drinks.
Further, she did not include in her shift-end bag the alleged IOU nor did she note on her shift-end report
that she comped any drink. There is a specific column where bartenders are asked if they comped any
drinks and at what time. The time is imperative so that we can verifli the comped drink to the register
tape and video cameras. Paul Cuschieri, a relief bartender, who was one of Chantee's trainers advised
me that he had specifically gone over the Bullpen's comped drink poliry and documenting same on the
10.
bartenders shift report. Chantee did neither.

Other pertinent factors regarding the July 11th incident are worthy of mention.

I received a call at about 12:15 AM from Christina Papan, the owner of the neighboring Trio Bar and Grill
who was a customer at the bar. Christina advised me of the problem at the bar and suggested I "get rid
of this bartender [i.e. Chantee]" as she was causing mayhem at the bar. Chantee apparently left her post 11.
behind the bar when she called the Sheriffs Department to complain about Mitch's alleged violation of a
restraining order. I say "alleged" because I never saw the "Restraining Order." lt is standard protocolthat
restraining orders be given to bar management-customer or employee. Chantee never did this. ln
fairness to Mitch, the arrangement for Chantee to work from 10 PM until 2: AM that night/morning was
arranged between Bella Saucedo and Chantee and may not have known that Chantee was working that
night.

Further, Christina Papan was forced to take it upon herself to go behind the bar and make and serve
several drinks both for herself and waiting patrons while Chantee was on the phone which lasted about
fifteen to twenty minutes in length-all the while ignoring bar customers who were waiting for drinks. 12.
Fortunately Christina Papan, at one time, worked as a bartender at McT's Bullpen and knew our
procedures, liquor locations, pricing and cash register.

After Sheriffs Deputies arrived and escorted Mitch out of the bar there developed a shouting match
between Chantee and Karen Durment (the lady who had accompanied Mitch to the bar/ hereinafter
"Karen"). This led to Chantee leaving her post behind the bar and confronting Karen. A physical shoving
match then ensued in which Chantee alleges "she got punched in the face." Any bamender who leaves
his or her post behind the bar and enters into a personal confrontation with a patron is subject to 13.
immediate termination for any number of legal and insurance related reasons. Witnesses to these events
have told me it was Chantee who instigated the physical violence between herself and Karen.

Fortunately while this confrontation was occurring, our scheduled bartender, Bella Saucedo, who was
then a patron at the bar, was forced to go behind the bar to wait on severalcustomers who were waiting
for drinks. Bella also unsuccessfully attempted to diffuse the incident between Mitch, Chantee and
Karen-as did several other customers. Simultaneously numerous patrons left the bar as a result of the
arrival of Sheriff deputies to remove Mitch and the subsequent physical engagement between Chantee
and Karen-causing the loss of sales. ln no uncertain terms and based upon witnesses, we interpreted
this fight as being instigated by Chantee which was enhanced by her leaving her post behind the bar and 14.
starting the ensuing fight.

Lastly Chantee didn't appear to be a team player and demeaned her fellow employees which I interpreted
as possible instances of "age discrimination". She alleged in texts that patrons preferred her over our
younger female bartenders. An example is her text to me of June 28,2OL7, to wit:

4
 Chantee to Danny

oh ok bummer I was hoping you would give me Wed. There gre some fegular custorBers who
have me.ntioned th-eJ miss nle aqd prefer.a wolnan like me or Melissa lschwartzl than a 22 vear
old [i.e., either Bella Saucedo of Madil. t am sure you know that already but its worth mentioning.
You should have seen me when I was 22 !! ! [Underlined and bracketed added for clarification]

She also disclosed this lack of team spirit and, once again, insinuated age discrimination when she texted
me on July 1lth in justifying her comping the nine drinks:

Chantee to Danny

"...some locals who don't come in much because of new bartenders and their judgement about it
apparently."

For your information McT's Bullpen, lnc. employ both females and males of varying ages and sexual
preferences. Bartender ages range from 22 to 62. Our three youngest bartenders are females 22 and 2?
years old respectively. They are also our biggest sales producers. We do not condone discrimination-
or even the appearance of discrimination.

ln conclusion, Chantee Edwards was terminated as stated in my text solely for generating unacceptable
sales as a relief bartender at McTs Bullpen. Admittedly a number of other factors helped lead to this
action which include her failure to turn up for a scheduled shift (July 2, 2AL7l costing her employer an
estimated 51000 in sales; leaving her post during a shift (July 11, 2017) causing the loss of significant
revenues; violating company policy by comping nine drinks and accepting an IOU without documenting
same on her shift report andlor including a copy of said IOU (July tL,20t7l in her nightly receipts; leaving
her post behind the bar and walking into the bar proper and instigating a fight with a patron (July 11,
15.
zot7l.

With reference to your suggestion that the termination was "suspicious timing." Be advised that
Chantee's relationship with Mitch was and still is a contentious one. ln early May 2017, Mitch brought
Chantee to the bar, introduced her to me and asked that I consider her for a bartending position which I
did. The duo broke up on or about May 27th. I offered her a sofa which she claimed she wanted because
Mitch had left. Sometime after the 15th of June Chantee texted me "the boyfriend [Mitch] ended up
back" and that they had reconciled. Then by June 30th they had broken up again as is evidenced by her
enforcing the "alleged" restraining order against Mitch. On October 20, ZOLT after receipt of your letter
Chantee along with her estranged boyfriend Mitch came into McTs Bullpen. Chantee told a customer
16.
that she and Mitch had made up and settled their differences.

Since their present reconciliation, I have told Chantee she is not welcome at the Bullpen until such time
as this dispute betw€en Chantee and McTs Bullpen is resolved. lncidentally your client Chantee Edwards
taunted me as she left the bar stating: "l've got you, you're going down" in front of numerous patrons.
17.
Accordingly I have been advised that McTs Bullpen declines your settlement offer of 550,000. As noted
in my termination text to Chantee, we wish her well in her future endeavors.
Very Truly Yours,

McT's Bullpen, lnc.

DanielJ. Demers