August 16, 2013
To: Raye Smith
Subject Property Address: 525 Bunker Hill Road, Ashtabula Ohio 44004
Regarding: Resolution of immediate issues to avoid litigation
Dear Ms. Smith:
You served me on Monday with a writing which purports to be a "Notice to Quit" or "Notice of Eviction." which you imply is governed by Ohio Revised Code Section 5321.15, and Chapter 5321 general, 5321.01 and all following sections.
This is not a tenancy issue but one of employment, which will be brought to the attention of the requisite legal authorities for reasons detailed below.
In September, 2011 I began working for you as director of advertising for Rumor Mill News. In reliance on your promises and representations I relocated to Ohio. In addition, you asked me to assist you in other multiple ways. You had persuaded me to relocate from California offering, as a benefit of employment, the housing I still occupy along with other benefits. These facts are demonstrable and continuous for nearly two years. From 2011 until today, August 2013, you have never voiced a single complaint about my work.
Your present actions are an attempt to evade the legal ramifications of this employment contract. The violations you have committed are both specific to the state of Ohio and also federal.
After consultation with my own legal counsel, and requiring him and his law clerk to review the situation, the following response is provided to you for immediate action.
(1) You have never complied with your obligations as a Landlord under Ohio Revised Code Section 5321.04.
(2) You have engaged in illegally abusive conduct against two disabled people whom you invited into your house as an employer and CEO of Rumor Mill News. I was offered benefits as compensation in exchange for services. Your actions are in violation of Ohio Revised Code Sections 5123.01, 5123.50, 5123.61, and 5123.621.
(3) You are not lawfully my "landlord," in any sense nor Arthur's, under Ohio law (compare Ohio 12th District Court of Appeals, Ebbing v. Lawhorn, July 16, 2012) because my agreement was to come to work with
Rumor Mill News as a legal entity or corporate employee. You offered many inducements to me. I was reluctant to cross not only six state lines but three time zones, with my disabled son.
The provision of three rooms in your house, was one of the multiple benefits of employment which you laid out for me as compensations.
(5) You cannot evict me without terminating my employment. Once you terminate my employment you become immediately liable for all the false, fraudulent, and illusory promises which you made to me as part of a offer of your offer of employment made as owner of Rumor Mill News. Upon our contract, I have performed all my obligations fully and faithfully up until the present date, but upon that same contract you have failed to perform fully, or faithfully.
You have left me and Arthur very lacking in the bare necessities of life which you had promised expressly, such as health insurance. You will find yourself legally bound and utterly equitably estopped from denying your contract with me, even though it was mostly an oral agreement between us.
(6) You were well aware I was disabled, dependent upon California and Social Security Disability Supplemental Income, and that I was my disabled son's sole caretaker.
(7) Under both Ohio and Federal Law, you, as an employer who invited and induced us to travel across the continent to accept your employment offer, of which your hospitality was an integral, but not exclusive, element, owe a special duty of care when employing a disabled person. I am also accorded additional rights because of my age.
(8) By taking advantage of a disabled person's needs and services, which for a long time I willingly rendered to you in the expectation of the ultimate fulfillment of your promises, you have violated the Americans with Disabilities Act 42 U.S.C. Sections 12101, 12102, and all which follow. I can only suggest that you take these issues up with a qualified Ohio attorney who is qualified to litigate in federal court.
Beginning a month ago, and more immediately on August 14, 2013, you committed the following illegal acts to force me out of the subject property as part of a strategy intended to evade your multiple liabilities:
1) You have harassed me and my disabled son with verbal abuse.
2) Slandered me to others
3) Numerous interruptions and interference with the use of facilities including but not limited to the repairs in the bathroom immediately adjacent to our bedrooms with lengthy work which was carried out during non-business hours into late evening(s).
4) Disconnected me from the utilities of Internet and Vonage phone service which need to be available in order to perform my work related activities.
All of these specific acts speak to a plan which has reduced my income and left me more vulnerable to your continued manipulations.
The most recent of these is your use of a form of "self-help evictions" which is illegal and proscribed under Ohio law, as contained in Ohio Revised Code Section 5321.15.
THERE ARE NO SELF HELP EVICTIONS IN OHIO
In addition, retaliatory eviction is noted and dealt with under Ohio law as well. (ORC section 5321.15)
Undertaking these acts puts you in violation of the law in multiple instances in addition to the more serious charges to which you have laid yourself open by attempting to recharacterize the present situation.
Your actions have already necessitated multiple consultations with my attorney to ascertain the facts in the matter. These fees are being compiled for the record in future court ordered judgments.
Your actions violate Ohio’s landlord/tenant law and may also make you liable to me for actual damages, as well as attorney fees, this separate and distinct from a federal action.
Your continuous interferences have damaged me materially and cost both me and MacPherson Investment Group substantially at a time critical to the launch of our initial introduction of technologies for our clients into Ohio. A denial of access to communications has caused immediate harm which may result in long term impact on our ability to do business, another issue which must be resolved.
I demand that you cease your illegal activity within three (3) hours of receiving this letter - and restore my communications access within this time period and, if you are going to terminate me, provide a severance package. This to be negotiated, as specified below.
I suggest you consult with your attorney, who can confirm the above statements of law.
If we are unable to handle a resolution expeditiously, I will have no other alternative but to retain counsel, and contact the appropriate authorities and persons to assist me.
We are offering you mediation as an avenue for handling further negotiations for final resolution once your illegal activities have ended and my utilities are restored. Ms. Bloom's e-mail is below and she is well aware you may be in touch with her.
It would be best if you emailed and set a time for your discussion in advance.
Ms. Dara Leigh Bloom, Esquire