Class Action Notice
On March 26, 2020 Judge Rosenberg granted the employees’ motion for class certification. The Court certified the following class:
All former employees of The Jerome Golden Center who were not given a minimum of 60 days’ written notice of termination and whose employment was terminated during any 90-day period surrounding October 8, 2019 as a result of a “mass layoff” or “plant closing” as defined by the Worker Adjustment and Retraining Notification Act of 1988.
Notice was mailed to the class on April 15, 2020. You can read the notice here: Class Notice.
You May Be Entitled To 60 Days Pay And Benefits
If you were terminated as part of a mass layoff or plant closing without advanced notice you may be entitled to 60 days pay and benefits under the WARN Act. Read below for more information and contact us using the form at the bottom of this page.
WARN Act lawsuits are particularly fitting for class action litigation and the lawyers of Kwall Barack Nadeau PLLC have served as class counsel in several WARN Act class actions.
A lawsuit was filed by two employees October 20, 2019, seeking to represent all affected employees.
If you would like, you may complete the attorney selection form (click here to access) selecting our firm as your attorney. Please return forms by email to firstname.lastname@example.org. We will use this information to keep you up to date with how the case is proceeding. In addition, if for some reason the case is not certified as a class action, we would be able to advocate on your behalf. If you need assistance accessing or submitting this form, please call our office ay 727-441-4947.
What Is The WARN Act
The Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act“) is a federal law protecting workers from sudden plant closings and mass layoffs. It requires employers to give advance notice of a plant closing or mass layoff so that employees, their families, and the community can adequately prepare.
The WARN Act provides that certain large employers cannot order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such an order.
A notice provided under the WARN Act should be specific and include:
- a statement regarding the temporary or permanent nature of the layoff;
- the expected date of the mass layoff or plant closing;
- information on any bumping rights and
- the name and telephone number of a company official to contact for further information.
The WARN notice must also be filed with the state.
If an employer fails to comply with the 60-day notice requirement, then the employer is liable to each terminated employee for back pay and benefits for each day of the notice period the employer failed to provide.
Who Is Covered By The WARN Act?
Not all employers are required to give WARN notice.
The size of the employer and the number of employees affected by the plant closing or mass layoff will determine if the WARN Act applies. Generally speaking, an employer with 100 or more full time employees is subject to the WARN Act.
The WARN Act defines a plant closing as “a permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site or employment, if the shutdown results in an employment loss at the single site of employment during any 30 day period for 50 or more employees excluding any part-time employees.”
It defines a mass layoff as a reduction in force which is not the result of a plant closing and results in an employment loss at a single site of employment during any 30 day period for at least 33% of the active employees (excluding part-time employees) and at least 50 employees (excluding part-time employees); or at least 500 employees (excluding part-time employees).
Determining whether the WARN Act applies to any given situation is fact-specific and requires application of law by attorneys experienced in these types of cases.
There are exemptions and defenses to WARN Act claims, such as when a company faces unforeseeable business circumstances or becomes a faltering company, but these defenses require certain steps be taken and many employers fail to meet the exemptions as a result.
Contact Our Employment Law Firm
If you have questions regarding filing a WARN Act lawsuit, the employment lawyers at Kwall Barack Nadeau PLLC will inform you of your rights and evaluate whether WARN Act litigation is appropriate.
You can get more information about Kwall Barack Nadeau PLLC at our main page: www.employeerights.com
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Clearwater, FL 33765
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