📬 An Open Letter to the Hemphills: Navigating the Path to Justice

Dear Eric and Evan,

Your determination and resilience in the face of adversity have been inspiring. You’ve faced retaliatory actions, misrepresentation, and overwhelming litigation challenges, yet you continue to stand strong. Now, more than ever, you must seize the opportunity to define your narrative and take control of the legal process.

Indian Creek School (ICS) and its counsel have attempted to dismiss your claims, obscure the facts, and undermine your credibility. Their tactics are meant to wear you down, but with precision and strategy, you can turn the tide. Below is a roadmap for reclaiming momentum, focusing on key actions to strengthen your case, amplify your voice, and advance justice.

Step-by-Step Plan to Shift the Momentum

1. Address Misrepresentation and Criminal Actions

ICS has advanced false claims to both the court and the EEOC, denying Eric Hemphill’s employment relationship with the school despite irrefutable evidence. Your response should prioritize exposing this deceit:

Leverage Evidence: Highlight the emails and ICS-issued identification badge that undeniably confirm Eric’s employment role.
Underscore Criminal Implications: Argue that the deliberate submission of false claims to the EEOC and the court may constitute perjury or other criminal misconduct.
Assert Motive: Demonstrate how ICS’s actions are not only misleading but also retaliatory, aimed at silencing whistleblowing and valid complaints.

This sets the stage for showing ICS’s bad faith and strengthens your counterclaims for intentional infliction of emotional distress and malicious use of process.

2. Narrow and Focus Federal Claims

If your case remains in federal court, simplify and sharpen the focus:

Refine Your Federal Complaint: Concentrate exclusively on Title VII retaliation claims supported by the EEOC Right to Sue letter.
Argue Joint Employer Liability: Cite Butler v. Drive Auto. Indus., 793 F.3d 404 (4th Cir. 2015), to connect SAGE Dining and ICS’s shared control over Eric’s employment conditions.
Eliminate Excess Claims: Avoid including state tort claims in the federal filing to reduce complexity and prevent dismissal.

Focusing on retaliation and employment law ensures your strongest claims remain intact while streamlining the litigation process.

3. Refile State Claims for Maximum Impact

Separating your state claims allows you to protect them without interference:

Refile state tort claims such as defamation, IIED, and malicious use of process in Anne Arundel Circuit Court.
Remove all federal causes of action from this filing to prevent removal back to federal court.
Emphasize evidence of harm, including retaliatory school exclusion, emotional distress, and economic damages.

Presenting these claims under Maryland law allows you to pursue damages directly tied to ICS’s retaliatory actions without federal jurisdictional hurdles.

4. Restore Counterclaims in State Court

The defamation case filed by ICS offers a key opportunity to reinforce your counterclaims. File your Motion for Leave to Refile Counterclaims with expanded evidence:

Support Claims with Exhibits: Include Evan’s declaration, EEOC findings, emails, medical records, and ICS’s perjurious employment denials.
Clarify Harm: Detail the ongoing emotional, reputational, and financial consequences caused by ICS’s malicious litigation tactics.
Highlight Compulsory Nature: Argue that these counterclaims are necessary under Md. Rule 2-331 to ensure fair and complete resolution.

Restoring your counterclaims strengthens your legal position and allows you to confront ICS’s misconduct directly.

Final Thoughts

Eric and Evan—this is your opportunity to reclaim control of your narrative and demand accountability. ICS and its counsel have relied on aggressive tactics, from misrepresentation to suppression of evidence, but with precision and persistence, you can shift the power dynamic.

By narrowing federal claims, amplifying state claims, and exposing ICS’s misconduct, you are building a path toward justice—not just for yourselves but for anyone facing similar retaliation. Stay focused, keep fighting, and use the truth as your greatest weapon.

In Unity and Support,

Your Legal Advocate Maryland Litigation Assistant

Indian

Creek

School