On April 9, 2019, Outten & Golden filed suit against Debtors New England Motor Freight, Inc., et al. (“NEMF") seeking to recover 60 days wages and benefits for former employees under the federal Worker Adjustment and Retraining Notification ("WARN") Act and one week of pay for every year of service under the New Jersey WARN Act for affected employees who were not offered a severance payment and those who did not sign a valid release of their claims. We contended that the Defendants ordered mass layoffs beginning on or about February 15, 2019, without providing their employees with advance written notice. On December 13, 2019, Judge John K. Sherwood of the United States Bankruptcy Court for the District of New Jersey granted final approval of the WARN action filed by Outten & Golden. Settlement checks were mailed to class members beginning in late December 2019. Class members will have 90 days from the date of issuance of the settlement checks to deposit or negotiate their checks. After 90 days, unclaimed funds will be deemed residual funds, which will be distributed in a supplemental distribution to any Omitted Class Members that have yet to receive a WARN Distribution under the settlement agreement.
If this mass layoff affected you, Outten & Golden LLP can provide you with updated information regarding your rights in this case. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits.
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(*Prior results do not guarantee a similar outcome.)