21-CV-23-1081

Filed in District Court

State of Minnesota
6/26/2023 1:51 PM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF DOUGLAS SEVENTH JUDICIAL DISTRICT

CASE TYPE: EMPLOYMENT

Shannan Randazzo, Court File No. ________________

Judge __________________
Plaintiff,

vs. SUMMONS
NorthStar Christian Academy,

Defendant.

THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The
Plaintiffs’ Complaint against you is attached to this Summons. Do not throw these papers away.
They are official papers that affect your rights. You must respond to this lawsuit even though it
may not yet be filed with the Court and there may be no Court file number on this Summons.

2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS.

You must give or mail to the person who signed this Summons a written response called an
Answer within 21 days of the date on which you received this Summons. You must send a copy
of your Answer to the person who signed this Summons located at:

Kristy A. Fahland Esq.

Molly R. Hamilton Cawley, Esq.
Messerli & Kramer P.A.
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written

response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or
disagree with each paragraph of the Complaint. If you believe Plaintiff should not be given
everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN

RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS
SUMMONS. If you do not Answer within 21 days, you will lose this case. You will not get to
tell your side of the story, and the Court may decide against you and award the Plaintiff
 21-CV-23-1081
Filed in District Court
State of Minnesota
6/26/2023 1:51 PM

everything asked for in her Complaint. If you do not want to contest the claims stated in the
Complaint, you do not need to respond. A default judgment can then be entered against you for
the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you
do not have a lawyer, the Court Administrator may have information about places where you can
get legal assistance. Even if you cannot get legal help, you must still provide a written
Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be

ordered to participate in an alternative dispute resolution process under Rule 114 of the
Minnesota General Rules of Practice. You must still send your written response to the
Complaint even if you expect to use alternative means of resolving this dispute.

MESSERLI & KRAMER P.A.

Dated: June 19, 2023 s/ Kristy A. Fahland

Kristy A. Fahland (#0346974)
Molly Hamilton Cawley (#349781)
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402-4218
Telephone (612) 672-3600
kfahland@messerlikramer.com
mhamilton@messerlikramer.com

ATTORNEYS FOR PLAINTIFF

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 21-CV-23-1081
Filed in District Court
State of Minnesota
6/26/2023 1:51 PM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF DOUGLAS SEVENTH JUDICIAL DISTRICT

CASE TYPE: EMPLOYMENT

Shannan Randazzo, Court File No. ________________

Judge __________________
Plaintiff,

vs. COMPLAINT
NorthStar Christian Academy,

Defendant.

Shannan Randazzo, for her Complaint against NorthStar Christian Academy, states and

alleges as follows:

PARTIES

1. Shannan Randazzo (“Plaintiff” or “Shannan”) is an individual residing at 2949

Country Estates Drive NW, Alexandria, MN 56308.

2. NorthStar Christian Academy (“Defendant” or “NorthStar”), is a nonprofit

corporation with a registered office address of 3888 Pioneer Road SE, Alexandria, MN 56308.

3. Pursuant to Minn. Stat. §542.09, venue is proper in Douglas County, Minnesota,

because this where Defendant is located.

BACKGROUND FACTS

4. Shannan and her husband, Rick Randazzo (“Rick”) were among the original

visionary members of NorthStar Christian Academy. Rick and Shannan also founded and

developed the Knight’s Hockey program, which is a Christian-focused hockey program that fosters

and builds inner strength, personal growth and discipleship among its athletes.
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5. NorthStar and the Knight’s Hockey program are affiliated Fellowship of Christian

Athletes (“FCA”).

6. Until the events of March 2023 that led to this action, Rick was the Director of the

Knights Hockey program, and was responsible for all aspects of the hockey program, including

personnel management, financial management and general operations. Rick was also the Director

of NorthStar Christian Academy.

7. Shannan had written employment agreements with NorthStar beginning in August

2018, and each year thereafter.

8. Shannan worked to assist Rick where needed in operations of the Knights Hockey

program, including managing the player’s online education.

9. Shannan’s most recent written employment agreement with NorthStar identified

her title as Co-Director of NorthStar and was for the term of February 28, 2023 through August

31, 2023 (“February 28, 2023 Employment Agreement”).

10. Shannan was an exemplary employee with NorthStar and, prior to March 2023, she

had never received any negative performance reviews or comments.

11. In late February 2023, NorthStar’s board began certain targeted activities that were

clearly aimed at removing Rick, Shannan’s husband, from the NorthStar organization, including

the Knight’s Hockey program.

12. In late February or early March 2023, the board expressed unnamed concerns over

Rick’s behavior and threatened an investigation regarding the same.

13. On or about March 2, 2023, the NorthStar board communicated to Rick that both

he and Shannan were on administrative leave.

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14. Shannan was never provided with any specifics or details as to why she was placed

on leave.

15. The NorthStar board communicated that it was looking into allegations concerning

Rick, but provided no details or information.

16. The NorthStar board then changed its mind, and reinstated both Rick and Shannan.

NorthStar communicated the reinstatement again to only Rick, supporting the fact that he was

always the focus on the Board’s actions.

17. After their reinstatement, the board then sent an announcement to all employees

that NorthStar was seeking formal complaints, looking to further its intentions to remove Rick and,

necessarily, Shannan.

18. On March 7, 2023, NorthStar changed its position yet again and placed Shannan on

administrative leave, citing a need for investigation into “employee misconduct”. Shannan was not

told of any allegations specifically about her, much less the content of any potential allegations.

19. NorthStar then proceeded with a third-party investigation, which lacked

transparency, fairness, structure and integrity.

20. Upon information and belief, NorthStar board members objected to the

investigation and the lack of information and clarity provided to the board as a whole. Nonetheless,

those in control of the board continued their actions.

21. As the investigation proceeded, Shannan requested via counsel information and

details surrounding any allegations that may have been made about her and her position with

NorthStar, along with certain procedural requirements to ensure fairness in the investigation.

22. NorthStar refused to provide any information nor did it implement any of the

requested procedural requirements.

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23. NorthStar then requested that Shannan attend an interview with the investigator,

but continued to refuse to provide any information to Shannan to allow a meaningful preparation

or even basic understanding of the concerns before meeting with the investigator.

24. To further preclude Shannan from being able to identify the nature of the

complaints or allegations against her, the Board wrongfully demanded that she “refrain from

communicating in any way about the ongoing investigation, the people involved, the allegations

or your perception of the nature and/or intent of said allegations”. This instruction, along with

other communications made during the course of events directly infringed upon Shannan’s Section

7 rights under the National Labor Relations Act.

25. As such, Shannan was deprived of the opportunity to identify any documents or

information she had, to identify witnesses or other individuals with relevant information or

documentation, or to meaningfully comment on the allegations.

26. Despite NorthStar’s ambush approach, Shannan still willingly met with NorthStar’s

investigator in hopes to be able to comment and be given the opportunity to follow up with

additional information and details once the subject of the investigation was known.

27. This follow up opportunity, however, was not provided.

28. During the investigative process, NorthStar ignored current employees who

requested to speak on behalf of their experiences with the Knights Hockey program and refused to

consider multiple witness letters from past and current NorthStar families.

29. After the completion of the investigation, NorthStar has never shared the results

with Shannan, or even the allegations made against her until after it terminated her employment

and threatened the present action.

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State of Minnesota
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30. NorthStar attempted to justify the refusal to provide the investigation report by

indicating that Rick had been allowed to review the report; however, the report that was shown to

Rick was redacted except for the portion related to him and he was not provided a copy.

31. Upon information and belief, the investigation and the allegations against her were

never shared with Shannan because there was never an intent to remedy any perceived performance

issues or desire her for to succeed, rather the goal was always to remove Rick, which necessitated

the removal of Shannan as well.

32. After receiving the completed investigation, NorthStar attempted to pressure

Shannan into a new “at will” employment agreement and presented it to her as a “take it or leave

it” offer with only forty-eight hours to consider the same. The new employment agreement

imposed additional requirements and conditions that were not part of Shannan’s February 28, 2023

Employment Agreement, and remove her guaranteed employment term through August 2023.

33. Shannan insisted that NorthStar honor the terms of her existing February 28, 2023

Employment Agreement.

34. On April 21, 2023, NorthStar “agree[d] to maintain” Shannan’s employment,

subject to a Performance Improvement Plan (“PIP”) that Shannan received via email from board

chair Brent Smith, who apologized for the tone of the document.

35. Again, Shannan was provided no explanation for why she was being placed on a

PIP or what she had done to warrant corrective action.

36. The PIP was so vague that its only possible purpose was to facilitate the removal

of Rick from NorthStar in all respects, and the corresponding need to remove Shannan, as his wife.

37. Following the issuance of the PIP on Friday, Shannan met on Sunday with board

chair Brent Smith to ensure that she was moving forward in her employment with the approval of

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State of Minnesota
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the board. Based on his assurances, Shannan continued her duties and worked to ready the students

for graduation amongst other tasks.

38. Three days after the meeting with Brent Smith, the NorthStar board terminated

Shannan’s employment.

39. The NorthStar board’s April 26, 2023 termination letter cited the following reasons

for termination: concern over student safety; the results of the investigation; the failure to abide by

the PIP; parent concerns and communications, and comments made during a Zoom meeting a

month earlier.

40. Prior to the termination letter, Shannan had never been advised of concerns for

student safety or parent concerns and communications, nor were the results of the investigation

ever shared with her.

41. Shannan made an immediate written demand for prompt payment of the amount of

compensation remaining under her February 28, 2023 Employment Agreement since she was not

terminable at will, but NorthStar refused.

42. NorthStar also refused to pay Shannan for earned vacation time even though its

vacation policy does not expressly and appropriately disclaim vacation time from being paid out

upon termination.

COUNT I
VIOLATION OF MINN. STAT. § 181.13

43. Shannan realleges and reincorporates by reference the preceding paragraphs of this

Complaint.

44. NorthStar is an employer employing labor within the State of Minnesota.

45. NorthStar discharged Shannan, an employee, from employment as memorialized in

the termination letter.

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State of Minnesota
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46. Shannan immediately demanded payment of the amount of wages earned and

unpaid under her February 28, 2023 Employment Agreement in writing.

47. Shannan also immediately demanded payment of her earned but unused vacation

time in writing.

48. Upon Shannan’s discharge and demand, NorthStar was statutorily required to

immediately pay all wages due and payable to Shannan, but it refused.

49. Based on its refusal, NorthStar violated, and is in default under, Minn. Stat. §

181.13.

50. As a direct and proximate result of NorthStar’s violation of Minn. Stat. §181.13,

Shannan has been damaged in an amount in excess of $25,000, and is entitled under Minn. Stat. §

181.171 to recover from NorthStar statutory penalties, civil penalties, damages (including

compensatory damages), equitable relief, and her reasonable costs, disbursements, witness fees,

and attorney fees.

COUNT II
BREACH OF CONTRACT

51. Shannan realleges and reincorporates by reference the preceding paragraphs of this

Complaint.

52. The February 28, 2023 Employment Contract between Shannan and NorthStar is a

valid and enforceable agreement.

53. The February 28, 2023 Employment Contract is for a definite term ending August

31, 2023, and therefore Shannan’s employment with NorthStar was not terminable at will.

54. At all times, Shannan fully performed and did not breach her obligations under the

February 28, 2023 Employment Contract.

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State of Minnesota
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55. NorthStar materially breached the February 28, 2023 Employment Contract by

terminating Shannan’s employment prior to August 31, 2023, and refusing to pay her for the full

contract amount.

56. As a direct and proximate result of NorthStar’s material breaches, Shannan has been

damaged in an amount to be determined at trial, but no less than $25,000.00, and to recover costs,

disbursements and attorneys’ fees as applicable.

COUNT III
VIOLATION OF MINN. STAT. § 363A.08

57. Shannan realleges and reincorporates by reference the preceding paragraphs of this

Complaint.

58. NorthStar was Shannan’s employer and she was its employee as those terms are

statutorily defined in Minn. Stat. § 363A.03.

59. As Shannan’s employer, NorthStar was statutorily prohibited under Minn. Stat. §

363A.08, from discharging Shannan and otherwise discriminating against her with respect to the

terms, conditions and privileges of her employment because of marital status.

60. “Marital status” means whether a person is single, married, remarried, divorced,

separated, or a surviving spouse, and, in employment cases, includes protection against

discrimination on the basis of the identity, situation, actions, or beliefs of a spouse or former

spouse.

61. Shannan was and is married to Rick, who was also employed by NorthStar and a

member of its board.

62. NorthStar discriminated against Shannan with respect to her employment and

discharged her because of her marital status.

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63. Upon information and belief, NorthStar took concerted actions to target and remove

Rick from the NorthStar organization in all respects, including as an employee and board member,

and subjected Shannan to discrimination and discharge because of her status as his spouse.

64. Upon information and belief, Shannan’s marital relationship with Rick was a

substantial causative factor in her termination.

65. NorthStar’s actions constitute a violation of Minn. Stat. § 363A.08.

66. Shannan has suffered substantial mental and emotional distress and reputational

damage as a direct and proximate result of NorthStar’s actions in violation of Minn. Stat. §

363A.08.

67. As a direct and proximate result of NorthStar’s violation of Minn. Stat. §363A.08,

Shannan has been damaged, and will continue be damaged, in an amount to be determined at trial,

but no less than $25,000.00, and is entitled to recover compensatory damages (trebled), punitive

damages, loss of past salary and future wage loss, plus her costs, expenses, and reasonable

attorneys’ fees.

WHEREFORE, Plaintiff Shannan Randazzo prays that this Court:

1. Award her actual damages against NorthStar Christian Academy in an amount greater
than $50,000.00, the precise amount to be proven at trial;

2. Award her compensatory damages in an amount to be proven at trial, including trebled

compensatory damages under the Minnesota Human Rights Act;

3. Award her punitive damages in an amount to be proven at trial;

4. Award her reasonable costs, disbursements, witness fees and attorneys’ fees;

5. Impose liability on NorthStar Christian Academy for statutory penalties and civil
penalties as applicable;

6. Enter monetary judgment against NorthStar Christian Academy in the amount of her
total damages, costs, disbursements and witness and attorneys’ fees, and for statutory
and civil penalties; and

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7. For such additional further relief, including equitable and injunctive relief, as the Court
deems just and proper.

MESSERLI & KRAMER P.A.

Dated: June 21, 2023 s/ Kristy A. Fahland

Kristy A. Fahland (#0346974)
Molly Hamilton Cawley (#349781)
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402
Telephone: (612) 672-3600
kfahland@messerlikramer.com
mhamilton@messerlikramer.com
ATTORNEYS FOR PLAINTIFF

ACKNOWLEDGMENT

The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney
and witness fees may be awarded pursuant to Minn. Stat., Sec. 549.211, to the party against whom
the allegations in this pleading are asserted.

Dated: June 21, 2023 s/ Kristy A. Fahland

Kristy A. Fahland (#0346974)
Molly Hamilton Cawley (#349781)

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