Brookland, AR – (JonesboroRightNow.com) – July 31, 2024 – Look What I Can Do Daycare of Brookland is being accused of NOT doing “all they can do” for their employees.
On July 15, Look What I Can Do (LWICD) announced to their employees and parents they would be closing their Brookland daycare operation in two weeks. Their last day in operation was Friday, July 26.
The notice that was sent to staff (below) gave no explanation as to why they were closing.
The closing has left many parents in a bind with minimal day care availability in Jonesboro. Many current and former employees and parents reached out to Jonesboro Right Now to inform us of the closing, and several referenced a pending lawsuit.
Jonesboro Right Now located a civil lawsuit filed by a former employee against the owners of the daycare and their insurance company.
The case was filed on November 27, 2023 by Stephanie Matthews, former employee of the center.
The complaint was obtained through online records resources and is 53 pages long.
The lawsuit documents claim NurtureSchool of Jonesboro and Look What I Can Do of Brookland are both owned by Tiffany and Josh Sharp and are insured by Sunstar Insurance. The Sharps also own Wild Roots daycare center in Paragould.
Matthews’ lawsuit alleges that the Sharps and their insurance company engaged in illegal activities regarding her service dog. Matthews obtained the service dog as a medical necessity under the care of a physician to aid in her physical health and wellbeing after a major car accident in 2021 severely injured Ms. Matthews and took the life of her young daughter.
Relevant quoted allegations from the complaint are as follows:
4.13 Ms. Matthews was a qualified employee with a recognized disability.
4.15 Sunstar provides insurance coverage to NurtureSchool.
4.17 Sunstar, through its agents CHRIS EVINS and JASON BARTH, informed Defendants (NurtureSchool, Tiffany Sharp, and Josh Sharp), that if Ms. Matthews returned to NurtureSchool with her service animal, Sunstar would cancel Defendants’ insurance policy, Defendants would lose their license, and Defendants would be forced out of business.
4.18 After receiving the threat from Sunstar, Defendants (NurtureSchool, Tiffany Sharp, and Josh Sharp) refused to allow Ms. Matthews to return to work with her service animal, breached the employment contract between the parties, and terminated Ms. Matthews’ employment.
5.19 Initially, NurtureSchool attempted to accommodate Ms. Matthews’ disabilities, including providing:
A) A larger office for wheelchair access;
B) Additional time off for surgeries and physical therapy; and
C) Occasional remote work.
5.29 On August 18, 2022, NurtureSchool obtained licensing approval for Ms. Matthews’ service dog to accompany Ms. Matthews to work.
5.56 On February 27, 2023, NurtureSchool’s insurance agent (Chris Evins of SUNSTAR Insurance of Arkansas) sent the following email to another agent or underwriter (“Jason Barth”): Hey Jason, Insured has a new program director at this facility who has been approved to have an emotional support service dog. It is a Labradoodle. 95% of the time she would stay in her office with the dog doing administrative duties. On occasion she would have to pass through classrooms with dog. Appears to be completely non aggressive in nature, but wanted to run this by you to see if any underwriting issues with dog being on site?
(Included note: 1 The dog is not an “emotional support animal.” The dog is a “service animal,” which is registered as a “service animal,” used as a “service animal,” and regarded as a “service animal.”)
5.67 On March 1, 2023, Moe Ahmad, Underwriter for I-Core Renewal Team, responded to Chris Evins (of SUNSTAR Insurance of Arkansas) in an email stating: Hi Chris, Unfortunately, this is not an exposure that we are willing to accommodate. While many employers are to make accommodations for ADA compliance, emotional support dogs1 are not afforded the same protections and immunities. This could be the gentlest dog in the world and one kid touches the dog or grabs his leg and the dog could nip/bite. There is a potential of severe claim. Thank you, Moe Ahmad
5.84 Tiffany Sharp gave Ms. Matthews an ultimatum: leave the service dog at home or do not come back to work.
5.119 Finally, before refusing to accommodate Ms. Matthews’ service dog, Tiffany Sharp requested that Ms. Matthews and Allison commit billing fraud against the State of Arkansas.
5.120 Ms. Matthews refused.
5.123 Shortly thereafter, Tiffany Sharp revoked permission for Ms. Matthews to bring her service dog to work.
6.34 Defendants allege that it was an undue hardship to accommodate Plaintiff’s disability because doing so would have resulted in Defendants losing their business license.
13.6 Defendants, NurtureSchool, Tiffany Sharp, and Josh Sharp subsequently agreed: “Dogs are allowed if they are kept up with vet records, a letter from the vet stating the dog is good with children and is under their care, and licensing has to come out to test the dog’s temperament and approve it.” (Emphasis added).
13.7 Regarding Plaintiff’s service animal, Defendant, Tiffany Sharp subsequently stated: “Shoot. Get that baby signed off by a vet on all its shots and its temperament and it can become a daycare doggy!” (Emphasis added).
Title I of the Americans with Disabilities Act (ADA) states that employers must make “reasonable accommodations” when employees request the use of their service animals.
According to the above lawsuit complaint document, the center did obtain licensing approval from the state daycare licensing agency for Ms. Matthews’ service dog to accompany Ms. Matthews to work.
However, further conversations between the Sharps and their insurance companies caused the Sharps to inform Ms. Matthews that her dog was no longer welcome at work because it would not be covered by their insurance policy.
Court records show U.S. District Judge Price Marshall presiding over the case and signing the last active order in April 2024, almost 3 months before the sudden closing of the LWICD center.
Ms. Matthews’ attorney also entered a more recent response via a court document on May 24, 2024.
The next court date is pending.
Tiffany Sharp was appointed to the Arkansas Early Childhood Commission by Governor Hutchinson in 2020. That appointment expired June 30, 2021. She was reappointed in 2022 by Governor Hutchinson for a term that expired June 30, 2024.
One of the Sharp’s Brookland homes is also listed for sale with an asking price of just over a million dollars. (Online listing price is $849,900 as of July 31.) They own another home in Brookland that is not for sale.
Additionally, sources tell JRN that the Sharps own a condo in Nashville as well as a vacation home in Coco Beach, Florida.
During several conversations between JRN and current and former employees, we were told that employees are instructed to sign an “Exit Interview” document when their employment with the company ends, whether voluntarily or involuntarily.
The second page of the document states “I intend to keep professionalism when leaving employment with this company while keeping only positive word-of-mouth. I will refrain from social media postings causing slander or soliciting concerns. Any negative soliciting will not be tolerated and will result in legal action against me on the company’s behalf. I will not cause concerns for the well-being of children, staff and clients who are enrolled or intending on enrolling at the child care facilities listen (sic) on this form. I will uphold confidentiality in the workplace and thereafter per the NAEYC Code of Ethics”
Current and former employees have told JRN that they are forced to sign this document before they receive their last check.
Jonesboro Right Now reached out to both named parties of the lawsuit for comments. Neither party has responded.