2325 COM Cover Letter re Zinnia Health Objection w Exs

-7- sheltering Costa from any and all responsibility for his misconduct, and Rodgers ultimately terminated the call. 37. Scher and Riofrio then called Rodgers back and indicated that, upon reconsideration, Zinnia would not be reporting Rodgers to the Board and further noted that Zinnia management did not intend to challenge Rodgers’ unemployment application. 38. After her termination, Rodgers received a copy of an email that had been sent by a former Endeavor House employee who had quit in disgust after reporting Costa for sleeping with a number of different residents/patients, staff members, and engaging in various other wildly inappropriate and likely illegal behaviors, including sending naked pictures to clients and staff members. 39. As was reflected in the email, Costa’s misconduct had previously been reported to a number of people within Zinnia’s management structure. 40. However, as with Rodgers’ reporting of Costa’s predatory and illegal behaviors that threatened the treatment and care of Zinnia’s clients, Costa had apparently been protected by others in Zinnia’s management with whom he was personal friends and/or “gym buddies,” including, upon information and belief, Cincotta. 41. It is Rodgers’ understanding that as a result of the wide circulation of the email by her former colleague (with whom Rodgers did not have a personal or professional relationship), staff from Zinnia’s corporate offices flew to New Jersey, conducted an investigation, and Costa was terminated as a result of his abusive and illegal behaviors. 42. Upon information and belief, Cincotta has also been terminated by Zinnia as a result of his sheltering of Costa, his retaliatory conduct against Rodgers, and other misconduct.ESX-L-004622-23 07/19/2023 2:53:48 PM Pg 7 of 13 Trans ID: LCV20232124530