Complaint: Cole threatened PF over firing

Jason Cole (Lebanon Voice file photo)

PORTLAND, Maine - Planet Fitness and its lawyers say former payroll manager Jason Cole, apparently enraged that the company had fired an employee, threatened to expose what he considered a damning June email he mistakenly received and disrupt the fitness giant's IPO on the New York Stock Exchange last Thursday.

The mindset of Planet Fitness executives in asking a federal judge for injunctive relief against Cole disseminating corporate info is set down in an 11-page complaint on file at the federal courthouse in Portland.

On Tuesday The Lebanon Voice obtained courthouse copies of the complaint, which the judge decided on Monday proved worthy, awarding a temporary restraining order against Cole's release of any corporate info.

The complaint states that Planet Fitness, whose parent company is Pla-Fit Inc., LLC, hired Cole in July 2014 to be its payroll manager, a high-ranking executive position that allowed Cole "unfettered" access to employees', including executives', personal and financial data.

Planet Fitness is a franchise fitness company that has about 950 franchise clubs nationwide.

Pla-Fit Franchise, LLC, employs all PF U.S.-based employees, including 172 at its Newington, N.H., corporate offices and 715 at another 56 clubs.

According to the complaint, on June 3 at 5:39 a.m. Cole received an email that was intended for another "Jason Cole," who was an outside lawyer and subject to the lawyer-client privilege, the complaint stated. The email concerned revisions to a settlement agreement.

Cole reportedly emailed a human resources chief and notified them of an email he had mistakenly received and was told to immediately delete the item, to which he agreed.

Later that morning the company's IT team inspected Cole's work computer to ensure it had been deleted, which it had, and the matter was considered resolved, the complaint states.

However, on July 30, the email issue resurfaced, when Cole met with the company's associate general counsel and the human resources chief irate that an acquaintance of his had been fired.

He also expressed concerns he was about to be terminated followed by what corporate officials would consider a bombshell.

The complaint title page on file in U.S. federal court in Portland, Maine. (Lebanon Voice photo)

Cole, according to the complaint, then apprised the pair of executives that he had downloaded the June 3 email to his home computer and that he considered information in the email "damning" to the company.

Cole reportedly, "threatened to released it publicly right before Planet Fitness went public, in an attempt to disrupt the IPO," the complaint states.

The two execs tried to explain the email was not concerning, but Cole was unconvinced and the meeting ended in impasse.

The July 30 admission that Cole had downloaded the email concerned Susan Avery, the human resources chief, who in the complaint notes that Cole had forwarded his live-in girlfriend, Laura Shaw, another email only intended for the Planet Fitness human resources team, of which Shaw was not a part. Shaw had also worked at the company's corporate offices in Newington.

Avery also said she had received complaints from the public, including social media posts on the company's Facebook page that Cole was "using Planet Fitness information and computers to harass and intimidate people."

Corporate officials, meanwhile, have consistently denied that Cole had any access to member information, only employees.

In summary, the complaint portion of the court document states, in part, "Based on his disrespect for company policies related to confidential information, history of poor follow through on assignments ... Planet Fitness intends to terminate Cole on Aug. 10 (Monday).

The injunctive relief was sought based on three counts, including, in part, that Cole had breached his contract after signing security and confidentiality agreements, of converting confidential Planet Fitness property for his own personal use, and computer fraud and abuse.

The lawsuit claims Cole's actions have already cost the company in excess of $5,000 and that it will "continue to suffer irreparable harm and monetary damages" due to his actions.

The lawsuit asks the court, among other things, to "permanently enjoin Cole and Shaw from using or disseminating Planet Fitness' confidential information" and to return all company property, related hard-copy documents, any equipment capable of storing PF info and to award Planet Fitness damages and reasonable attorneys fees and costs and whatever other relief the court finds just and proper.

An attorney representing Cole said his client had been served with paperwork regarding the case.

Cole, a former Lebanon selectman and assistant rescue chief, who has not been charged with a crime and has yet to answer any accusations, was not available for comment on Tuesday.

A woman who answered Cole's former cellphone number on Tuesday said he no longer was associated with the number.

The complaint also states Planet Fitness does not believe Shaw ever stole confidential information.