DOCKET NO. HHD-CV-18-6097968-S
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`HARVEST HEALTHCARE, LLC
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`v.
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`ROBBIN CAPPA AND SUNRISE
`PSYCHOLOGICAL, SERVICES,
`LLC, d/b/a SUPPORTIVE CARE
`PSYCHOLOGY, LLC, SUNRISE
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`PSYCHOLOGY, LLC, ENHANCED
`PSYCHOLOGICAL SERVICES, AND/OR
`SUPPORTIVE CARE, LLC
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`SUPERIOR COURT
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`JD OF HARTFORD
`
`AT HARTFORD
`
`FEBRUARY 17, 2021
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`AMENDED COMPLAINT PURSUANT TO COURT ORDER
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`Pursuant to Practice Book § 10-60(a)(1) and the Order of the Court, Plaintiff
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`Harvest Healthcare, LLC, by and through its attorneys, hereby amends its Complaint
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`against Defendants Robbin Cappa (“Cappa”) and Sunrise Psychological Services, LLC
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`d/b/a Supportive Care Psychology, LLC, Sunrise Psychology, LLC, Enhanced
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`Psychological Services, and/or Supportive Care, LLC (collectively “Sunrise”), and
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`alleges as follows:
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`NATURE OF THE CASE
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`1.
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`Harvest Healthcare, LLC commenced this action in July 2018, and hereby
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`amends it to seek damages against its former employee, Cappa, and Cappa’s current
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`employer, Sunrise (Cappa and Sunrise, collectively, “Defendants”), for misappropriation
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`of trade secrets in violation of the Connecticut Uniform Trade Secrets Act, Conn. Gen.
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`Stat. §§ 35-51 et seq., breach of contract, violation of the Court’s Stipulated Injunction,
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`tortious interference with contracts, and violations of the Connecticut Unfair Trade
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`Practices Act, Conn. Gen. Stat. §§ 42-110a et seq.
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`

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`THE PARTIES
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`2.
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`Plaintiff Harvest Healthcare, LLC (“Harvest Healthcare” or “Plaintiff”) is,
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`and at all times material to this Complaint has been, a limited liability company duly
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`organized under the laws of the state of Connecticut, with its principal place of business
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`at 21 Waterville Road, Avon, CT 06001. Harvest Healthcare is a full-service behavioral
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`health provider, specializing in the delivery of progressive and innovative consultative
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`behavioral health services to residents of skilled nursing, rehabilitation, and assisted
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`living facilities (“Facilities”). Harvest Healthcare accomplishes this by entering into
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`agreements with the Facilities to provide behavioral health services to the residents of
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`those Facilities.
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`3.
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`Defendant Cappa is an individual residing at 50 Farm Drive, East Hartford,
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`Connecticut. Cappa was employed by Harvest Healthcare as its Director of Quality
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`Assurance and Recruiting from June 8, 2017 until April 13, 2018.
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`4.
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`Defendant Sunrise is a domestic Connecticut limited liability company with
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`its principal place of business listed as 27 Randolph Road, Howell, New Jersey. Upon
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`information and belief, Sunrise has also done business under the monikers Supportive
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`Care Psychology, LLC, Sunrise Psychology, LLC, Enhanced Psychological Services,
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`and/or Supportive Care, LLC. Like Harvest Healthcare, Sunrise offers psychological
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`services to residents in long-term care facilities, including skilled nursing homes,
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`rehabilitation centers, adult homes, and assisted living facilities. Sunrise is a direct
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`competitor of Harvest Healthcare.
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`2
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`JURISDICTION AND VENUE
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`5.
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`The Court has jurisdiction over the subject matter of this action, which
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`alleges claims of, inter alia, violations of the common law, the Stipulated Injunction
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`entered as an Order of this Court, the Connecticut Uniform Trade Secrets Act, Conn.
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`Gen. Stat. § 35-51 et seq. (“CUTSA”), and the Connecticut Unfair Trade Practices Act,
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`Conn. Gen. Stat. § 42-110a et seq. (“CUTPA”).
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`6.
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`This Court has personal jurisdiction over Cappa because she resides in
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`and transacted business in Connecticut within the meaning of General Statutes § 52-
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`59b. The Court has personal jurisdiction over Sunrise because it is organized and
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`exists as a domestic limited liability company in Connecticut, and regularly conducts
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`business in Connecticut. The Court has personal jurisdiction over Harvest Healthcare
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`because it is a citizen of Connecticut and is licensed to transact business in
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`Connecticut.
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`7.
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`Venue is proper in this jurisdiction pursuant to General Statutes § 51-
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`345(a) because Harvest Healthcare has its principal place of business in the judicial
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`district of Hartford.
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`HARVEST HEALTHCARE’S BUSINESS
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`8.
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`Harvest Healthcare markets to and enters into contracts with Facilities by
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`identifying specific beneficial contacts who work within the Facilities, utilizing those
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`contacts to develop relationships with senior leadership at the Facilities, and entering
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`into agreements to provide behavioral health services to their residents.
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`9.
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`Another important aspect of Harvest Healthcare’s business is identifying,
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`recruiting, and engaging the services of skilled behavioral health professionals, usually
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`by Harvest Healthcare employing them directly, but occasionally through independent
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`contractor agreements with the professionals. Because there is a significant shortage
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`of qualified behavioral health professionals in Connecticut, identifying, employing, and
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`retaining skilled professionals is a key aspect of Harvest Healthcare’s business.
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`10. Harvest Healthcare’s relationships with both the Facilities and its own
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`employees and independent contractors comprise a significant portion of its business
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`goodwill. Harvest Healthcare’s success is in part due to its confidential, proprietary and
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`trade secret information that it has developed while in business, including but not limited
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`to its customer lists, customer preferences, lists of prospective customers, staffing
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`information, the names, numbers, contact information and skill sets of Harvest
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`Healthcare’s employees and other behavioral health professionals, salaries, contract
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`terms and other related information, detailed contact information concerning the
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`beneficial contacts at the Facilities, sales information, and sales strategies.
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`11. Harvest Healthcare has expended significant money and resources to
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`develop its goodwill and to obtain and maintain its confidential, proprietary and trade
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`secret information, which is not part of the public domain and has economic value,
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`actual or potential, that could provide a financial or business disadvantage if disclosed.
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`Harvest Healthcare has a legitimate business interest in maintaining the confidentiality
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`of this information. It also has a legitimate business interest in maintaining relationships
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`with its customers, as well as preserving the loyalty of its employees who assist Harvest
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`Healthcare in maintaining its customer relationships.
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`4
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`12. Harvest Healthcare took appropriate steps to prevent the disclosure of its
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`confidential, proprietary and trade secret information, as well its goodwill and customer
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`relationships, including, but not limited to, the following:
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`a. Harvest Healthcare requires that its employees sign confidentiality
`and/or non-compete and non-solicitation agreements that prohibit them
`from divulging Harvest Healthcare’s confidential customer information,
`from soliciting Harvest Healthcare’s clients, and from soliciting for
`employment Harvest Healthcare’s employees and contractors..
`
`b. Harvest Healthcare’s Employee Handbook contains specific provisions
`concerning the company’s Confidential and Proprietary information,
`including provisions that prohibit: the disclosure of “confidential
`company/resident/family/employee
`information
`to
`unauthorized
`parties”; the “disclosure of confidential information including company
`financial procedures
`to unauthorized personnel”; electronic
`communications that disclose “proprietary, confidential or non-public
`facility information except for legitimate business purposes”; and the
`disclosure of information regarding Facility residents.
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`c. Harvest Healthcare’s Employee Handbook also contains a separate
`section titled “Confidential and Proprietary Information” that directs
`employees that they are responsible for “protecting information so that
`it is not disclosed improperly.”
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`d. Harvest Healthcare maintains a separate policy regarding the use of
`electronic devices for company business, including the need for
`password protection and encryption of emails, and a prohibition
`against using personal computers for company business.
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`e. Harvest Healthcare secures it confidential, proprietary and trade secret
`information through the use of locked doors and password protected
`electronic devices. In addition, employee access to information is
`permitted only on a “need to know” basis to perform their job
`responsibilities.
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`CAPPA’S EMPLOYMENT WITH HARVEST HEALTHCARE
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`13. Cappa was hired by Harvest Healthcare on June 8, 2017 to serve as its
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`Director of Quality Assurance and Recruiting. In that capacity, Cappa had access to
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`Harvest Healthcare’s confidential, proprietary and trade secret information, including its
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`customer
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`lists, customer preferences,
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`lists of prospective customers, staffing
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`information, the names, numbers, contact information and skill sets of Harvest
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`Healthcare’s employees and other behavioral health professionals, contract terms and
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`other related information, detailed contact information concerning the beneficial contacts
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`at the Facilities, sales information, and sales strategies, all of which are part of Harvest
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`Healthcare’s confidential, proprietary and trade secret information.
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`14. At the commencement of her employment, Cappa entered into an
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`Employment Agreement with Harvest Healthcare that included restrictive covenants as
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`a material term of that agreement. Among other things, Cappa agreed that:
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`a. During her employment, she “shall devote her full business time to the
`business affairs of the Company and shall perform her duties faithfully
`and efficiently.”
`b. During her employment or at any time thereafter, she would not
`“directly or indirectly …use for [her] own purpose or for the benefit of
`any individual or entity other than the Company, nor …otherwise
`disclose to any individual or entity, any Confidential Records or
`Proprietary Information of which [she had] knowledge, unless such
`disclosure has been specifically authorized in writing by an officer of
`the Company or is required by law.”
`c. During her employment or at any time thereafter, she would not
`“directly or indirectly, publish, make known or in any manner disclose
`any Confidential Records to, or permit any inspection or copying of
`Confidential Records by, any individual or entity.” She also agreed that
`she would “not retain, and shall deliver promptly to the Company, all
`copies of any of the same upon termination of [her] employment for
`any reason or upon request by the Company.”
`d. During her employment and for a period of one (1) year thereafter, she
`would not without the prior written consent of the Company, either
`directly, indirectly, separately or in association with others:
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`i. solicit, accept, or conduct, or cause or encourage others to
`solicit, accept or conduct business with or provide services to
`any person, firm, corporation or business who, during the term
`of [her] employment with Company or the one year period prior
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`to the date hereof, was a customer or client of Company or one
`with whom the Company had a business relationship with the
`Company; or
`ii. employ, solicit for employment, attempt to employ, or cause or
`encourage others to employ or interfere, or otherwise interfere
`or attempt to interfere, with the employment, contractual or
`other business relationships between the Company and any of
`its officers, managers, partners, directors, employees,
`contractors, sub-contractors, customers, providers, or agents,
`on the other hand; or
`iii. directly or indirectly advise or encourage any director, officer,
`manager, employee,
`contractor,
`sub-contractor, agent,
`consultant or representative or client of, or vendor to the
`Company to terminate his, her or its relationship with the
`Company or to reduce the amount of business it does with the
`Company.
`Employment Agreement, Sections 2 & 5 (attached as Exhibit A).
`15. Cappa further agreed that (a) the restrictive covenants in the Employment
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`Agreement were “fair and reasonable and would not prevent [her] from earning a living
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`should [her] employment with the Company terminate for any reason”; (b) “the scope
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`and duration of the restrictions … are reasonable in light of the specific nature and
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`duration of the employment relationship and the payments [she was] receiving” for her
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`employment; (c) “any violation by [her] of any of the [restrictive covenants] would cause
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`the Company immediate, substantial and irreparable injury for which they have no
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`adequate remedy at law”; and (d) “in the event of [her] breach or threatened breach of
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`[the restrictive covenants], the Company will be entitled to temporary and permanent
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`injunctive relief in any court of competent jurisdiction (without the need to post bond and
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`without proving that damages would be inadequate).” (See Exhibit A, Section 5(d)).
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`16. On April 13, 2018, Harvest Healthcare terminated Cappa’s employment
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`after uncovering evidence that she had breached her duty of loyalty to the company. At
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`that time, Cappa was reminded of the restrictive covenants in her Employment
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`Agreement that prohibited her from directly or indirectly soliciting Harvest Healthcare’s
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`customers and clients for one (1) year after her termination, and from recruiting any
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`employees, contractors, sub-contractors or providers of Harvest Healthcare for one (1)
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`year after her termination.
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`17. Pursuant to her Employment Agreement with Harvest Healthcare, Ms.
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`Cappa’s termination was made effective as of June 7, 2018, and she received a salary
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`through that date. Accordingly, the one (1) year period referenced in the restrictive
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`covenants in the Employment Agreement extended to June 7, 2019.
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`THE WRONGFUL ACTIONS OF CAPPA AND SUNRISE
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`18. Cappa, either directly or indirectly through Cappa Consulting, breached
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`her Employment Agreement by providing information and services to Sunrise.
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`19. Cappa improperly used Harvest Healthcare’s confidential, proprietary and
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`trade secret information for her own benefit and for the benefit of Sunrise.
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`20.
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`In April 2018, Cappa entered into an agreement with Sunrise to serve as
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`its “Regional Director of Operations,” in direct competition with Harvest Healthcare.
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`21. On July 24, 2018, Harvest Healthcare commenced this action, seeking
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`injunctive relief and damages from Cappa for, among other things, the breach of the
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`restrictive covenants in her Employment Agreement and misappropriation of Harvest
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`Healthcare’s confidential, proprietary and trade secret information, in violation of
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`CUTSA.
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`22.
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`In September 2018, in response to Harvest Healthcare’s Application for
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`Preliminary Injunction in the instant lawsuit related to Cappa’s violations of the
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`restrictive covenants in her Employment Agreement, Cappa agreed to the entry of a
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`Stipulated Injunction in favor of Harvest Healthcare, which was entered as an Order of
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`the Court on September 27, 2018 (Doc. Entry #104.00). Among other things, the
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`Stipulated Injunction provided that:
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`from making use of,
`a. Cappa was permanently enjoined
`misappropriating, and/or disclosing, either directly or indirectly, Harvest
`Healthcare’s confidential, proprietary and trade secret information;
`
`b. Cappa was enjoined, for a period of one (1) year from July 10, 2018,
`from soliciting business from, visiting, calling upon, or otherwise
`communicating with, either directly or indirectly, any client of Harvest
`Healthcare identified on a list attached to the Stipulated Injunction. A
`copy of that list is attached hereto as Exhibit B. Cappa also agreed to
`“remove, or cause to be removed, her name and contact information
`from any documents or materials located at the site of any of the
`clients listed on the attached Exhibit B;
`
`c. Cappa was enjoined, for a period of one (1) year from July 10, 2018
`from either directly or indirectly recruiting, soliciting for employment,
`employing, contracting with, and/or encouraging to reduce or terminate
`their relationship with Harvest Healthcare, any Harvest Healtcare
`employee, independent contractor, or healthcare provider;
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`d. In the event of a violation of the Stipulated Injunction by Cappa, the
`term of the stipulation that was violated shall be extended for a one (1)
`year period from the date of Cappa’s last violation; and
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`e. In the event of any violation of the Stipulated Injunction by Cappa,
`Harvest Healthcare is entitled to the sum of twenty-five thousand
`dollars ($25,000.00) in liquidated damages from Cappa for each such
`violation, together with any attorneys’ fees and costs that Harvest
`incurs as a result of Cappa’s violation, including but not limited to, any
`such fees and costs incurred in enforcing the Stipulated Injunction.
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`23. Separately, on or about September 27, 2018, Harvest Healthcare, Cappa
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`and Sunrise entered into a “Settlement Agreement” (attached as Exhibit C) that
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`released certain of the claims amongst the parties, subject to the following conditions:
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`a. Cappa and Sunrise were to pay Harvest damages totaling $25,000;
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`b. Cappa’s Employment Agreement was incorporated into the Settlement
`Agreement by reference and made a part thereof, and continued in full
`force and effect;
`
`the Settlement
`into
`incorporated
`Injunction was
`c. The Stipulated
`Agreement by reference, and Sunrise expressly agreed, as a material
`term of the Settlement Agreement, that Sunrise “shall not knowingly
`encourage or permit Cappa to violate the terms of the Injunction.”
`
`d. A general release of claims was entered covering the period through
`the date of the Settlement Agreement, provided, however, that “nothing
`contained in the Release … shall negate or impair the Parties’ right to
`enforce this Agreement, the right to enforce the Injunction, or the right
`to pursue claims for any subsequent breaches of Cappa’s Employment
`Agreement.”
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`24. Despite the Stipulated Injunction, Employment Agreement, and Settlement
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`Agreement, with the knowledge, encouragement, and assistance of Sunrise, and for her
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`own benefit and the benefit of Sunrise, Cappa continued throughout the term of the
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`Stipulated Injunction to directly and indirectly contact and solicit, or attempt to solicit,
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`Harvest Healthcare employees and independent contractors and has encouraged them
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`to terminate their employment or contractual relationship with Harvest Healthcare and
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`work for Sunrise.
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`25. Despite the Stipulated Injunction, Employment Agreement, and Settlement
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`Agreement, with the knowledge, encouragement, and assistance of Sunrise, and for her
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`own benefit and the benefit of Sunrise, Cappa continued to use Harvest Healthcare’s
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`confidential, proprietary, and trade secret information, including customer lists and
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`customer information as well as clinician lists and contact information, for her personal
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`benefit and for the benefit of Sunrise.
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`26. Despite the Stipulated Injunction, Employment Agreement, and Settlement
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`Agreement, with the knowledge, encouragement, and assistance of Sunrise, and for her
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`own benefit and the benefit of Sunrise, Cappa continued, throughout the term of the
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`Stipulated Injunction, to directly and indirectly provide services to clients of Harvest
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`Healthcare who were listed on Exhibit B to the stipulated injunction and are also
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`identified on Exhibit B, attached.
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`27. As a direct and proximate result of the actions of Cappa and Sunrise,
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`including Cappa’s subsequent breaches of the Employment Agreement and violations
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`of the Stipulated Injunction, Cappa’s and Sunrise’s breaches of the Settlement
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`Agreement, and Cappa’s and Sunrise’s misappropriation of Harvest Healthcare’s
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`confidential, proprietary and trade secret information, Harvest Healthcare has been
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`harmed, and continues to suffer harm, including diminishment of business good will,
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`damage to customer relationships, and damage to employee relationships.
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`CAUSES OF ACTION
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`COUNT ONE – BREACH OF CONTRACT AND VIOLATION OF INJUNCTION
`ROBBIN CAPPA
`1-27. The allegations in Paragraph 1 through 27 are incorporated herein by
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`reference.
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`28.
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`The conduct of Cappa constitutes a subsequent breach of her
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`Employment Agreement, a breach of the Settlement Agreement, and a violation of the
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`Stipulated Injunction in one or more of the following ways:
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`11
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`a. Cappa breached the Settlement Agreement and Section 5(a) and (b) of
`the Employment Agreement, and violated Section B.2 of the Stipulated
`Injunction by continuing to use, for her own purposes and benefit, and
`for the purposes and benefit of Sunrise, the confidential, proprietary
`and trade secret information and processes of Harvest Healthcare,
`and/or by disclosing said information to others.
`b. Cappa breached the Settlement Agreement and Section 5(c) of the
`Employment Agreement, and violated Section B.2 of the Stipulated
`Injunction for her own benefit and the benefit of Sunrise, by continuing
`to directly and indirectly provide services to the clients of Harvest
`Healthcare listed on Exhibit B to the Stipulated Injunction;
`c. Cappa breached the Settlement Agreement and Section 5(c) of the
`Employment Agreement, and violated Section B.2 of the Stipulated
`Injunction, for her own benefit and the benefit of Sunrise, by continuing
`to solicit employees and independent contractors to terminate their
`employment relationships with Harvest Healthcare, thereby causing
`injury to Harvest Healthcare’s relationships with its employees and its
`goodwill with its customers.
`29. Cappa’s violations of the Settlement Agreement, Employment Agreement,
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`and Stipulated Injunction continued throughout the terms of those agreements, including
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`up to and through July 10, 2019.
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`30. As a result of Cappa’s conduct, Harvest Healthcare has suffered certain
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`economic damages as specified in the Employment Agreement and Stipulated
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`Injunction, as well as irreparable injury in the form of loss of employees, customers, and
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`goodwill for which it lacks an adequate remedy at law.
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`COUNT TWO– BREACH OF CONTRACT
`SUNRISE
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`1-30. The allegations in Paragraph 1 through 30 are incorporated herein by
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`reference.
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`31. Sunrise has breached the terms of the Settlement Agreement by
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`knowingly allowing, encouraging, assisting and supporting Cappa in her breaches of the
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`Employment Agreement and Settlement Agreement, and her violations of the Stipulated
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`Injunction.
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`32. As a direct and proximate result of Sunrise’s breaches, Harvest
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`Healthcare has suffered damages.
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`COUNT THREE – TORTIOUS INTERFERENCE WITH CONTRACT
`ALL DEFENDANTS
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`1-32. The allegations in Paragraph 1 through 32 are incorporated herein by
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`reference.
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`33. Cappa and Sunrise knew of the existence of Harvest Healthcare’s
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`contractual and advantageous business relationships with its employees, contractors,
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`and customers.
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`34. Sunrise knew of the existence of the contractual restrictive covenants in
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`Cappa’s Employment Agreement with Harvest Healthcare.
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`35. Cappa and Sunrise have intentionally interfered with Harvest Healthcare’s
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`contracts and advantageous business relationships with its employees, contractors and
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`customers by assisting, encouraging and inducing, and/or attempting to assist,
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`encourage and induce them to breach their contracts with Harvest Healthcare, and by
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`Sunrise allowing, assisting, encouraging and inducing Cappa to continue to breach her
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`restrictive covenants in her Employment Agreement with Harvest Healthcare.
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`36.
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`The interference of Cappa and Sunrise was wrongful in that they were
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`motivated by malice, and made use of false and misleading statements in an effort to
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`induce Harvest Healthcare’s customers, contractors, and employees to terminate their
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`relationships with Harvest Healthcare.
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`37. As a result of Defendants’ tortious interference with Harvest Healthcare’s
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`contracts and advantageous business relationships, Harvest Healthcare continues to
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`suffer damages.
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`COUNT FOUR – CONNECTICUT UNIFORM TRADE SECRETS ACT
`ALL DEFENDANTS
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`1-37. The allegations in Paragraph 1 through 37 are incorporated herein by
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`reference.
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`38. Cappa and Sunrise are “persons” as that term is defined in the
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`Connecticut Uniform Trade Secrets Act, Conn. Gen. Stat. § 35-50 et seq.
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`39. Harvest Healthcare’s confidential, proprietary, and trade secret information
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`including, inter alia, its customer lists, customer preferences, lists of prospective
`
`customers, staffing information, the names, numbers, contact information and skill sets
`
`of Harvest Healthcare’s employees and other behavioral health professionals, salaries,
`
`contract terms and other related information, detailed contact information concerning
`
`the beneficial contacts at the Facilities, sales information, and sales strategies,
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`constitutes “trade secrets” as that term is defined in § 35-51(d).
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`40. Cappa and Sunrise misappropriated Harvest Healthcare’s trade secrets
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`within the meaning of § 35-51(b) by acquiring, disclosing to third parties and/or using
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`those trade secrets for their personal benefit or the benefit of third parties without
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`Harvest Healthcare’s express or implied consent. Moreover, Cappa, with the
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`knowledge, assistance, and encouragement of Sunrise, and for the benefit of herself
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`and Sunrise, misappropriated Harvest Healthcare’s trade secrets after the Settlement
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`Agreement and Stipulated Injunction were entered, in violation of her Employment
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`Agreement and her duty set forth therein to maintain the secrecy or limit the use of the
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`trade secrets.
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`41.
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`The Defendants’ misappropriation of Harvest Healthcare’s trade secrets
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`was, and is, willful and malicious.
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`COUNT SEVEN – CONNECTICUT UNFAIR TRADE PRACTICES ACT
`ALL DEFENDANTS
`
`1-41. The allegations in Paragraph 1 through 41 are incorporated herein by
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`reference.
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`42.
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`The above-described actions by Cappa and Sunrise constitute immoral,
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`unethical, oppressive, unscrupulous, unfair and/or deceptive acts and practices in the
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`conduct of trade or business, and/or an unfair method of competition, in violation of the
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`Connecticut Unfair Trade Practices Act, General Statutes § 42-110a et seq. (“CUTPA”).
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`43. As a direct and proximate result of the Defendants’ CUTPA violations,
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`Harvest Healthcare has suffered and will continue to suffer serious harm and damages.
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`PRAYER FOR RELIEF
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`WHEREFORE, Harvest Healthcare LLC seeks
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`the
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`following relief
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`from
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`Defendants:
`
`A.
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`Pursuant to General Statutes § 35-52 and § 42-110a, and equitable
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`considerations at common law, temporary and permanent injunctive relief;
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`B.
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`C.
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`D.
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`E.
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`F.
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`Money damages in an amount in excess of $15,000;
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`Costs;
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`Punitive damages pursuant to General Statutes § 35-53 and § 42-110a;
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`Attorney’s fees pursuant to General Statutes § 35-54 and § 42-110a;
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`An extension of the term of the Stipulated Injunction for a period of one (1)
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`year from the date of Cappa’s last violation of the Stipulated Injunction, including any
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`period after July 10, 2019, in light of Cappa’s continuing violations;
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`G.
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`Liquidated damages pursuant to the express terms of the Stipulated
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`Injunction;
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`H.
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`Attorney’s fees pursuant to the express terms of the Stipulated Injunction
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`and the Settlement Agreement; and
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`I.
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`Such other relief as Harvest Healthcare LLC may be entitled to in law
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`and/or equity.
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`PLAINTIFF HARVEST HEALTHCARE, LLC
`
`By:
`
`
`
` /s/ Michael C. Harrington
`Michael C. Harrington, Esq.
`Elizabeth M. Smith, Esq.
`FordHarrison, LLP
`CityPlace II
`185 Asylum Street, Suite 610
`Harford, CT 06103
`Tel.: 860-740-
`Fax: 860-656-1981
`MHarrington@fordharrison.com
`ESmith@fordharrison.com
`Firm Juris No.: 426943
`Its Attorneys
`
`17
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the above was or will immediately be mailed or
`delivered electronically or non-electronically on February 17, 2021 to all counsel and
`self-represented parties of record and that written consent for electronic delivery was
`received from all counsel and self-represented parties of record who were or will
`immediately be electronically served.
`
`Joseph W. McQuade, Esq.
`Kainen, Escalara & McHale, P.C.
`21 Oak Street, Suite 601
`Hartford, CT 06106
`jmcquade@kemlaw.com
`
`James F. Sullivan, Esq.
`Logan Vance Sullivan Kores
`733 E Main St STE 3A
`Torrington, CT 06790
`jsullivan@torringtonlaw.com
`
` /s/ Michael C. Harrington
`Michael C. Harrington
`
`18
`
`

`

`EXHIBIT A
`
`EXHIBIT A
`
`

`

`HARWT txttnrlenrv Frissratim. tixrettenro.
`
`
`
`EMPLOYMENT AGREEMENT
`
`This Employment Agreement is entered into this 8m day of June 2017, between Harvest Healthcare LLC a
`Connecticut Limited Liability Company (the "Company"), and Robbin (Zappa (the "Employee"),
`
`WHEREAS, the parties hereto desire to enter into this Agreement to define and set forth the terms and
`conditions of the employment of the Employee by the Company;
`
`in consideration of the mutual covenants and agreements set forth below,
`NOW: YHEREFORE,
`hereby covenantcd and agreed by the Company and the Employee as follows:
`
`it
`
`is
`
`Section 1
`
`Position; Employment Period
`
`The Company hereby employs the Employee as its Director of Quality Assurance and Recruiting and the
`Employee hereby agrees to serve in such capacity, for the period beginning June 8, 2017, and ending on
`the date on which the Employee's employment
`is terminated in accordance with Section 6 (the
`"Employment Period") or June 7, 2018.
`
`Section 2
`
`Performance of Duties
`
`The Employee agrees that during the Employment Period she shall devote her full business time to the
`business affairs of the Company and shall perform her duties faithfully and efficiently subject to the
`direction of the Executive Directoror his/her designee of the Company; provided that the foregoing shall
`not limit or prevent the Employee from serving on the board of directors of charitable organizations or
`other business corporations not
`in competition with the Company.
`Full business time includes a
`minimum of five (5) days of work per week and forty (40) hours worked per week. The Employee shall
`not be assigned duties and responsibilities that are not generally within the scope and character associated
`or required of other employees of similar rank and position.
`
`Employee hereby accepts such employment and agrees to render such services. Employee agrees to
`render such services at the Company's offices located in Avon, Connecticut but the Employee will travel
`on temporary trips to such other place or places as may be required from time to time to perform her
`duties hereunder. Harvest requires the use of a company computer and cell phone to conduct all business
`and strictly prohibits the use of personal electronic devices for business purposes. Employee’s duties, job
`functions and expectations are listed in detail on the Director of Quality Assurance and Recruiting job
`description.
`
`The Employee shall report directly to the Executive Director and/or his/her designee.
`
`Page 1 of 8
`
`

`

`Section 3
`
`Compensation
`
`The Employee shall be compensated during the term of this Agreement for her services as follows:
`
`(a) Employee shall receive an annual salary, payable twice monthly, in an amount which shall be
`$82,500 gross per annum. The salary set forth hereinabove shall be payable in accordance with
`the regular payroll practices of the Company.
`(b) Employee shall receive the following recruiting bonuses for new clinicians introduced to Harvest
`Healthcare by the employee:
`
`i. $5,000 full-time Psychiatrist
`ii. $1,500 fullwtime APRN
`iii.
`$ 1,000 full-time Psychologist
`iv. $500 full-time LCSW
`
`v. 50% of referral bonus to be paid alter clinician has been with Harvest for 3
`months
`
`vi. Remaining 50% of referral bonus to be paid after clinician has been with
`Harvest for 6 months
`
`(c) Employee will also be eligible for an annual perfomiance bonus.
`((1) One Hundred Sixty (160) hours of Paid Time Off, all PTO must be preapproved. PTO will be
`accrued at 6.67 hours per pay period.
`(6) Company shall pay or reimburse Employee with prior approval for all necessary and reasonable
`expenses incurred or paid by Employee in connection with the performance of services under this
`Agreement upon presentation of expense statements or vouchers or such other supporting
`information as it from time to time requests evidencing the nature of such expense, and, if
`appropriate, the payment thereof by Employee, and otherwise in accordance with Company
`proce