warn act



AFA Foods Inc. - $1.65 Million Class Settlement

UPDATE 11/14/2016

On May 10, 2012, Outten & Golden filed suit against AFA Foods, Inc., AFA Investment, Inc., and Yucaipa Corporate Initiatives Fund II, LLC seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the California WARN Act.  We contend AFA ordered mass layoffs on or about April 6, 2012 without providing its employees with advance written notice.  The Case is pending in the United States Bankruptcy Court for the District of Delaware. 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.

On October 9, 2013, the Court held a Final Fairness Hearing and approved a settlement in the amount of $1,650,000 to the class, inclusive of class counsel's fees and expenses.  Settlement checks were mailed by the settlement administrator to the members of the Class on October 28, 2016.  Class members will have 90 days from the date of issuance of the settlement checks to cash their checks or risk reversion of the funds to the AFA Foods Estate.

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.



Alliance Bancorp - $1 Million Class Settlement

UPDATE 7/25/11

On March 1, 2011, the Court approved a class settlement of $1 million dollars to the former employees of Alliance Bancorp.

Outten & Golden filed suit against Alliance Bancorp, Alliance Bancorp, Inc., ARH Mortgage, Inc., Airlie Opportunity Master Fund, Ltd and WDM Fund, L.P. seeking to recover 60 days wages and benefits for former employees who we contend were terminated on or about July 13, 2007 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act) and the California Labor Code § 1400. 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.

The settlement funds were distributed to the class in April 2011.



American Home Mortgage - $6.5 Million Class Settlement

UPDATE 2/9/2016

On December 14, 2009, the court approved a final settlement valued at $6.5 million dollars for the former employees of American Home Mortgage. On August 8, 2007, Outten & Golden filed suit against American Home Mortgage Corp, American Home Mortgage Acceptance, Inc., American Mortgage Serving Inc., American Home Mortgage Investment Corp., and American Home Mortgage Holding, Inc. seeking to recover 60 days wages and benefits for former employees of American Home Mortgage who we contend were terminated on or about August 3, 2007 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act).

The settlement funds were distributed to the class in December 2013.

 



Anna’s Linens, Inc.

Update 4/13/2016

On July 1, 2015, Outten & Golden filed suit against Anna's Linens, Inc. ("Anna's Linens"), seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the California WARN Act. We contend Anna's Linens ordered mass layoffs on or about June 19, 2015, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the Central District of California.

On March 30, 2016, the Court certified the WARN case as a class action. Notice of the suit was mailed to the members of the class on March 30, 2016.  The parties are currently engaged in discovery.

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.



Aquion Energy

UPDATE 4/6/2017

On March 30, 2017, Outten & Golden filed suit against Aquion Energy, Inc., ("Aquion") seeking to recover up to 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Aquion ordered mass layoffs on or about March 8, 2017, without providing its employees with 60 days advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware.

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.



Archway Cookies/Catterton Partners - $4 Million Class Settlement

UPDATE 1/5/2014

On October 15, 2008, Outten & Golden filed suit against Archway Cookies LLC, Mother's Cake & Cookie Co., Archway & Mother's Cookie Co., Inc., and Dough Co., seeking to recover 60 days wages and benefits for former employees of Archway Cookies under the Worker Adjustment and Retraining Notification Act (the WARN Act) and California Labor Code § 1400. On or about October 6, 2008, we contend, Archway Cookies terminated the employment of all of its employees as part of a mass layoff or a plant closing as defined by 29 U.S.C. § 2101(a)(2),(3). The case is pending in the U. S. Bankruptcy Court for the District of Delaware. 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.

On August 6, 2009, Outten & Golden filed suit against Catterton Partners V, L.P., Catterton Partners V Offshore, L.P., Catterton Coinvest I, LLC and Insight Holdings in United States District Court for the District of Connecticut under the WARN Act seeking to recover 60 days wages and benefits for former employees of Archway Cookies.

On April 17, 2012, Delaware Bankruptcy Judge Sontchi granted final approval of the WARN class action $4 Million settlement and entered the Final Order. The Connecticut action was subsequently dismissed. The settlement will become non-appealable and effective on May 29, 2012. The settlement will be distributed to the class in two installments. An initial distribution of $3 Million dollars, less attorneys' fees and expenses, was mailed to the Class by the settlement administrator on July 9, 2012. The second and FINAL distribution of $1 Million dollars, less attorneys’ fees, was mailed to the Class by the settlement administrator on December 31, 2014. Any distribution checks that remain uncashed after 180 days from the second/final settlement payment shall be paid to the Clerk of the Bankruptcy Court in the name of the Plaintiff Class member(s). If you have moved in the past year and have not provided us with your current mailing address, please call or email us immediately. Our contact information is below.

 



Bill Heard Enterprises

UPDATE 9/24/12

On October 6, 2008, Outten & Golden filed suit against Bill Heard Enterprises Inc., et al., seeking to recover 60 days wages and benefits for former employees of Bill Heard who we contend were terminated on or about September 24, 2008 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case was filed in the United States Bankruptcy Court for the Northern District of Alabama. 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.

The case has been settled and a distribution by the Trustee to the WARN class was mailed January 9, 2012. The Trustee is working to resolve certain tax claims and pending litigation which may result in an additional, but smaller, distribution to the WARN class. We will update the website once we have confirmed the date of any further distribution.



Black Angus Steakhouse (GRA Liquidation, Inc.) - $76,500 Settlement

UPDATE 11/9/2015

On July 28, 2009, Outten & Golden filed suit against GRA Liquidation, Inc., GRA Enterprises Liquidation, Inc. seeking to recover 60 days wages and benefits for former employees of Black Angus Steakhouse who we contend were terminated on or about March 10, 2009 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act) and the California Labor Code §1400.

On July 1, 2014, the Court signed an order approving a settlement in the amount of $76,500.00, inclusive of fees and expenses, for the 58 affected employees.  Beginning on October 27, 2015, settlement checks (net of fees, expenses and applicable payroll taxes), are being processed and mailed by the Black Angus Trustee to the 58 affected employees.  If you have not received your settlement check, please contact our office immediately to confirm your current mailing address.  Our contact information is below.

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. 



Blackhawk Mining

UPDATE 12/22/15

On December 18, 2015, Outten & Golden filed suit against Blackhawk Mining, LLC ("Blackhawk") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Blackhawk ordered mass layoffs on or about December 14, 2015, without providing its employees with advance written notice. The case is pending in the United States District Court for the Eastern District of Kentucky.

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.



Calloway Laboratories

UPDATE 5/20/2016

On October 16, 2015, Outten & Golden filed suit against Calloway Laboratories, Inc. ("Calloway") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Calloway ordered mass layoffs on or about October 16, 2015, without providing its employees with advance written notice. The case is pending in the United States District Court for the District of Massachusetts.

On April 26, 2016, the case was certified as a class action and notice of the case was mailed to the members of the class on May 13, 2016.

This case is currently in the discovery stage.

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.

Change of address and/or telephone - please contact us at:

OUTTEN & GOLDEN LLP 
3 Park Avenue, 29th Floor
New York, NY 10016
Toll Free: 1-877-4-OUTTEN
Telephone: 212-245-1000
Facsimile: 646-509-2070
Email Us

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

For more information regarding the WARN Act, visit our WARN Act website.



Caritas Healthcare — $2.65 Milllion Class Settlement

UPDATE 4/27/12

On February 24, 2009, Outten & Golden filed suit against Caritas Healthcare Inc., seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification Act (the WARN Act) and the New York Labor Law ("NY WARN Act") § 860. We contend Caritas Healthcare Inc., terminated its employees on or about February 17, 2009 without providing them with advance written notice. The case is pending in the United States Bankruptcy Court for the Eastern District of New York.

On February 29, 2012, the court approved a final settlement valued at $2.650 million dollars for the former employees of Caritas. The WARN settlement, part of which is contingent on the estate's collection of proceeds, shall be distributed in several installments. The first payment will occur after confirmation of the Debtor's bankruptcy plan, which is currently scheduled for hearing on May 23, 2012. We will update the Class on the expected timing of the first distribution. Notice of the terms of the settlement was mailed to each eligible class member's last known address on December 30, 2011. If your mailing address has changed in the past two years, please contact us immediately with your change of address. Our contact information is below.

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.



ClearEdge Power - $1.3 Million Class Settlement

UPDATE 5/4/2016

On April 28, 2014, Outten & Golden filed suit against ClearEdge Power Inc., and ClearEdge Power LLC ("ClearEdge") in the United States Bankruptcy Court for the Northern District of California seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend ClearEdge ordered mass layoffs on or about April 25, 2014, without providing its employees with advance written notice.  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.

On April 5, 2016, Judge Novack granted final approval of the WARN class action settlement in the amount of $1,300,217.43, and entered the Final Order. The settlement funds were distributed to the class members on May 3, 2016. Class members will have 90 days from the day of issuance to cash their checks. If you have changed your mailing address over the past year, please provide us with your current mailing address immediately via telephone or email. Our contact information is below.

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.



CODA Automotive, Inc. - $430,000 Class Settlement

UPDATE May 13, 2013


On April 29, 2013, Outten & Golden filed suit against CODA Automotive, Inc. ("CODA") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the California WARN Act. We contend CODA ordered mass layoffs on or about December 14, 2012, without providing its employees with advance written notice. On May 1, 2013, CODA filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware.

On November 19, 2013, the Court held a Final Fairness Hearing and approved a settlement in the amount of $430,000 to the class, inclusive of class counsel's fees and expenses. The settlement is being funded by the Estate from collection proceeds. We do not yet have a timeframe for distribution of settlement checks, but project it will occur by September 2016.

If your mailing address has changed, please contact us immediately with your change of address. Our contact information is below.



Columbus Steel Castings

Update 11/22/2016

On June 2, 2016, Outten & Golden filed suit against Columbus Steel Castings Company, Columbus Holdings, Inc., and Constellation Enterprises LLC. ("Columbus Steel") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Columbus Steel ordered mass layoffs on or about May 15, 2016, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware.

On November 1, 2016 the Court certified the case as a class action and notice was mailed to the members of the class on November 21, 2016. The parties are in the initial phase of discovery.

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.

Change of address and/or telephone - please contact us at:

OUTTEN & GOLDEN LLP 
3 Park Avenue, 29th Floor
New York, NY 10016
Toll Free: 1-877-4-OUTTEN
Telephone: 212-245-1000
Facsimile: 646-509-2070
Email Us

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

For more information regarding the WARN Act, visit our WARN Act website.



Commonground/MGS/PCH Communications

UPDATE 2/12/16

On February 12, 2016, Outten & Golden filed suit against PCH Communications, LLC d/b/a Commonground/MGS (“Commonground”) and PCH Holdings Group, LLC d/b/a Panton Equity Partners to recover 60 days wages and benefits for former employees of Commonground under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Commonground ordered mass layoffs or plant closings on or about December 5, 2015 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the District of Delaware.

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.



Continental AFA Dispensing Co. - $1.5 Million Class Settlement

Updated 9/24/12

On August 13, 2009, the court approved a final WARN settlement valued at up to $1.5 million dollars for the former employees of Continental AFA. Outten & Golden filed suit against ContinentalAFA Dispensing Co., Harbinger Capital Partners Master Fund I, Ltd., and Harbinger Capital Partners Special Situations Fund, L.P., in the Bankruptcy Court for the Eastern District of Missouri to secure the rights of former ContinentalAFA employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act).

ContinentalAFA terminated approximately 535 employees at its facilities on or about July 24, 2008 without providing them with advance written notice. 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. ContinentalAFA terminated employees on July 24, 2008 without providing them with advance written notice.

Settlement checks were mailed to the members of the Class by the Trustee on August 13, 2012. If you have changed your mailing address over the past year, or have not received your check, please call or email us immediately. Our contact information is below.

If you have not updated your address with us, please call or email us immediately. Our contact information is below.



Continental Promotion Group - $575,000 Class Settlement

UPDATE 5/20/2016

On December 2, 2008, Outten & Golden filed suit against Continental Promotion Group Inc. ("CPG”) in the U.S. Bankruptcy Court for the Middle District of Florida, seeking to recover 60 days wages and benefits for former employees who we contend were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). We allege CPG ordered mass layoffs on or about November 19, 2008, without providing the employees with advance written notice. On August 17, 2011, O&G filed an amended complaint, clarifying that the proposed class comprises those employees who worked at or reported to the Tempe, Arizona facility and were terminated without cause and without 60 days advance written notice. 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.

In August 2013, the Court held a Final Fairness Hearing and approved an allowed administrative claim to the class in the amount of $575,000. Given the chapter 7 estate's limited funds, the ultimate recovery to the Class is $140,116.46.

On March 24, 2016, settlement checks (net of attorneys' fees, litigation expenses, and a service payment to the class representative), were mailed to the eligible members of the WARN Class. Class members have ninety (90) days from the date of issuance of their settlement check to deposit or negotiate it.

If you have changed your mailing address over the past year, please provide us with your current mailing address immediately via telephone or email. Our contact information is below.



Convergys Customer Management Group

UPDATE 2/6/17

On May 16, 2015, Outten & Golden LLP filed suit against Convergys Customer Management Group Inc., and Convergys Corporation ("Convergys") seeking to recover 60 days wages and benefits for former non-union employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Convergys ordered mass layoffs on or about May 16, 2015 in its AT&T Work-at-Home program, without providing its employees with 60 days’ advance written notice. The case is pending in the United States District Court for the Southern District of Ohio.

The parties have reached a settlement, which the Court preliminarily approved on January 20, 2017 for the class of employees terminated on or about May 16, 2015. Notice of the terms of the settlement was mailed to each eligible class member’s last known address on January 25, 2017. The final fairness hearing is scheduled for March 9, 2017 and will be held in Courtroom 708 of the Potter Stewart U.S. Courthouse, 100 East Fifth Street, Cincinnati, Ohio before Magistrate Judge Karen L. Litkovitz. If the Court approves the settlement on March 9, 2017, checks will be mailed to the class soon thereafter.  If your mailing address has changed in the past two years, please contact us immediately with your change of address.

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.



Corinthian Colleges, Inc.

Update 5/6/2015

On May 5, 2015, Outten & Golden filed suit against Corinthian Colleges, Inc (“Corinthian”), seeking to recover 60 days wages and benefits for former employees under the federal and California Worker Adjustment and Retraining Notification (“WARN”) Act. We contend Corinthian ordered mass layoffs on or about April 26, 2015, without providing its employees with advance written notice. Among the schools shut down by Corinthian at that time were WyoTech, Everest Phoenix and Heald Colleges.  The case is pending in the United States Bankruptcy Court for the District of Delaware.

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.



Corwood Laboratories, Inc - $500,000 Class Settlement

UPDATE 8/8/12

On November 4, 2009, Outten & Golden filed suit against Corwood Laboratories, Inc., seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification Act and the NY WARN Act, as well as unpaid vacation leave. 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.

On June 5, 2012, Judge Trust granted final approval of the WARN class action settlement in the amount of $500,000, inclusive of class counsel's fees and expenses, and entered the Final Order on June 12, 2012. Settlement checks (net of fees, expenses and applicable withholdings), were mailed to the members of the Class on July 23, 2012. Class members have 90 days from the date of issuance of the settlement checks to deposit or cash them before the funds revert to the Corwood Estate to pay other creditor claims. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.



CQMS Razer - $650,000 Class Settlement

UPDATE 12/18/12

On January 23, 2012, Outten & Golden filed suit against CQMS Razer (USA) LLC in the U.S. Bankruptcy Court for the Western District of Louisiana to recover 60 days wages and benefits for former employees of CQMS Razer under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend CQMS Razer ordered mass layoffs at its Mansfield foundry on or about December 7, 2011 without providing the employees with advance written notice. 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.


On November 19, 2012, the Court held a Final Fairness Hearing and approved a settlement in the amount of $650,000 to the class, inclusive of class counsel's fees and expenses. Settlement checks (net of fees, expenses and applicable tax withholding), were mailed to the members of the Class on December 18, 2012 by the chapter 7 Trustee. Class members have 180 days from December 18th to deposit or cash their checks before the funds (i) are used to make Settlement Fund distributions to additional Class Members, if any, (ii) revert to the chapter 7 estate to pay other creditor claims. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.

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.



Crowne Architectural Systems

UPDATE 4/17/2017

On April 14, 2017, Outten & Golden filed suit against Crowne Architectural Systems, Inc., (“Crowne”) seeking to recover 60 days wages and benefits for former employees under the  federal Worker Adjustment and Retraining Notification (“WARN”) Act or lost wages, including severance pay equal to one week of pay for each full year of employment, under the New Jersey WARN Act. We contend Crowne ordered mass layoffs on or about February 16, 2017, without providing its employees with 60 days advance written notice. The case is pending in the United States Bankruptcy Court for the District of New Jersey.

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.



CS Mining

UPDATE 6/8/2016

On June 7, 2016, Outten & Golden filed suit against CS Mining, LLC ("CS") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend CS ordered mass layoffs on or about May 17, 2016, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the District of Utah.

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.



Data Listing Services (The Connection) - $250,000 Class Settlement

UPDATE 3/31/14

On July 28, 2011, Outten & Golden LLP filed suit against Data Listing Services, LLC, d/b/a The Connection and Data Listing Services (Jamestown) LLC, seeking to recover 60 days wages and benefits for former employees of Data Listing Services (The Connection) who we contend were terminated on or about February 4, 2011 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act) and the NY WARN Act.

On March 26, 2014, the court entered a final judgment approving the WARN Act settlement valued at $250,000, inclusive of class counsel's fees and expenses. Pursuant to the terms of the settlement, The Connection will mail checks to the members of the class on or before June 2, 2014. Class members will have six months from the date of distribution to cash or deposit their checks. 

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. 



Delta Financial Mortgage - $2.525 Million Class Settlement

Update 2/9/12

On December 12, 2007, Outten & Golden filed suit against Delta Financial Corporation, Delta Funding Corporation and Fidelity Mortgage Inc., seeking to recover 60 days wages and benefits for former employees of Delta who we allege were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). 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.

On December 21, 2011, the Court held a Final Fairness Hearing and approved the settlement. Settlement checks were mailed to the members of the Class on February 6, 2012. Class members will have 180 days from February 6, 2012 to deposit or cash their check. After August 4, 2012, any residual funds will be donated to cy pres recipient Workplace Fairness, a non-profit organization dedicated to employee rights. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.



Dewey & LeBoeuf - $4.5 Million Class Settlement

UPDATE 10/9/2014

In May 2012, Outten & Golden filed suit against Dewey & LeBoeuf, LLP (“Dewey”) seeking to recover 60 days wages and benefits for former employees under the WARN Act (Worker Adjustment and Retraining Notification) Act and the New York WARN Act. We contend Dewey ordered mass layoffs on or about May 15, 2012 at its New York and Washington D.C. locations without providing its employees with advance written notice.

On August 18, 2014, the Court granted final approval of a class settlement of $4.5 million for the certified WARN class, inclusive of class counsel’s fees and expenses. The settlement administrator mailed the settlement checks to the members of the class on October 3, 2014. Class members will have sixty (60) days from the date of issuance of the settlement checks to deposit or negotiate them.  Uncashed checks will be donated to the Impact Fund, a not for profit organization which provides strategic leadership and support for litigation to achieve economic and social justice



DGI Services, LLC

UPDATE 1/30/12

On December 21, 2011, Outten & Golden filed suit against DGI Services, LLC to recover 60 days wages and benefits for former employees of DGI Services, LLC under the Worker Adjustment and Retraining Notification ("WARN") Act, the New Jersey WARN Act and the California Labor Code § 1400. We contend DGI Services, LLC ordered mass layoffs on or about December 5, 2011 without providing the employees with advance written notice. On December 21, 2011, DGI was placed in involuntary bankruptcy. The case is pending in the U.S. Bankruptcy Court for the District of New Jersey.

On December 29, 2011, Outten & Golden filed suit in the New Jersey bankruptcy court. A Trustee for the estate has been appointed.

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.



Digital Domain Media Group, Inc.

Update 9/11/12

Former Digital Domain employee sues company, citing WARN Act
Click here for Video

On September 11, 2012, Outten & Golden filed suit against Digital Domain Media Group, Inc., et al., seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend DDMG ordered mass layoffs on or about September 7, 2012 at its Port St. Lucie, Florida facility without providing its employees with advance written notice. The Case is pending in the United States Bankruptcy Court for the District of Delaware.

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.



Dowling College

UPDATE 12/6/16

On December 1, 2016, Outten & Golden filed suit in the United States Bankruptcy District Court for the Easter District New York against Dowling College ("Dowling"), seeking to recover 60 days wages and benefits for former employees under the federal and New York Worker Adjustment and Retraining Notification ("WARN") Acts,unpaid wages and accrued paid time off. We contend Dowling ordered mass layoffs on or about June 1, 2016, without providing its employees with advance written notice as required by the WARN Acts and that Defendant is liable for unpaid wages and accrued paid time off for the terminated Dowling employees.

If this mass layoff affected you, or you are owed wages and accrued paid time off, 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.



Eclipse Aviation

UPDATE 1/31/14

On March 3, 2009, Outten & Golden filed suit against Eclipse Aviation Corporation seeking to recover 60 days wages and benefits for former employees of Eclipse Aviation under the Worker Adjustment and Retraining Notification Act (the WARN Act). We allege Eclipse Aviation ordered mass layoffs on or about February 18, 2009 without providing the employees with advance written notice. The action is pending in the United States Bankruptcy Court for the District of Delaware.

On March 24, 2009, the estate converted to Chapter 7. The parties have completed discovery, and recently engaged in formal mediation in an attempt to reach a consensual resolution of the suit.  Unfortunately, that process was unsuccessful. The parties will now ask the Court to reach a decision on their respective motions and, depending on the outcome of the Court’s rulings, proceed to trial.

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.



Entertainment Publications

UPDATE 3/22/13


On March 21, 2013, Outten & Golden filed suit against Entertainment Publications, LLC, a/k/a Entertainment Promotions, a/k/a entertainment.com, MH Investors United, LLC, MH Private Equity Fund, LLC, MH-EPI Holdings LLC, MH Investors Entertainment LLC, seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Entertainment Publications ordered mass layoffs on or about March 12, 2013 without providing its employees with advance written notice. The Case is pending in the United States Bankruptcy Court for the District of Delaware.

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.



EOS Airline - $1.7 Million Class Settlement

Updated 1/31/12

On September 25, 2008, the court approved a final settlement valued at $1.7 million dollars for the former employees of EOS Airlines. Outten & Golden, filed suit against EOS Airlines Inc., in the Bankruptcy Court for the Southern District of New York to secure the rights of former EOS Airlines' employees in connection with the Workers Adjustment and Retraining Notification Act (the WARN Act). EOS Airlines terminated approximately 350 employees at its facilities in Purchase, NY and JFK on or about April 27, 2008 without providing them with advance written notice. 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. EOS Airlines terminated employees on April 27, 2008, without providing them with advance written notice.

An initial distribution of the settlement was made to the Class by the Liquidating Trustee August 2009 and a second distribution was made July 2010. A final distribution was made on December 27, 2011. The estate is now closed and no further WARN distributions will be made. Class members have 60 days from the date of issuance of the settlement checks to deposit or cash their checks or risk reversion of the funds to the estate.



Esco Marine

UPDATE 10/23/15

On September 28, 2015, Outten & Golden LLP filed a class action proof of claim against Esco Marine, Inc. ("Esco Marine"), seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act. We contend Esco Marine ordered mass layoffs on or about February 12, 2015, without providing its employees with advance written notice. The class claim is pending in the United States Bankruptcy Court for the Southern District of Texas.

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.



Evergreen International Airlines

UPDATE February 4, 2014

On December 6, 2013, Outten & Golden filed suit against Evergreen International Airlines, Inc. ("Evergreen") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the New York WARN Act. We contend Evergreen ordered mass layoffs on or about November 27, 2013, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware.

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.



EverGreen Recreational Vehicles

UPDATE 7/29/16

On July 15, 2016, Outten & Golden filed suit against EverGreen Recreational Vehicles, LLC (“EverGreen”), KR Enterprises, Inc. (“KR”), and JMA, LLC, (“JMA,” and together with EverGreen and KR, “Defendants”) seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Defendants ordered mass layoffs on or about June 8, 2016, without providing the employees with advance written notice. The case is pending in the United States District Court for the Northern District of Indiana.

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.



Excel Storage Products – $622,000 Class Settlement

UPDATE 6/13/2014

On September 24, 2010, Outten & Golden filed suit against Excel Capital Partners LLC and Excel Storage Products LP to recover 60 days wages and benefits for former employees of Excel Storage Products under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Excel ordered mass layoffs on or about September 17, 2010 without providing the employees with advance written notice. 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.

On October 10, 2012, the Court held a Final Fairness Hearing and approved a settlement to the non-union class in the amount of $622,000, inclusive of class counsel's fees and expenses. Settlement checks (net of fees, expenses and applicable withholdings), are expected to be mailed to the members of the Class by July 15, 2014. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.

 

Change of address and/or telephone - please contact us at:



First Magnus - $3.725 Million Class Settlement

UPDATE 6/10/11; FINAL DISTRIBUTION

On December 17, 2009, the court approved a WARN Class settlement for the former employees of First Magnus Financial Corporation.

The second and FINAL settlement checks were mailed to members of the WARN Class on June 9, 2011. This final distribution is the result of recoveries by the FMFC Litigation Trustee from his litigation against the Insiders. The net recovery to the WARN class is approximately $1.125 Million (from which attorneys' fees, costs, and taxes was deducted). Class members will again have six months from the date of issuance of the settlement checks to deposit or negotiate them before the funds revert to the FMFC Estate to pay other creditor claims.

In August 2007, Outten & Golden filed suit on behalf of former First Magnus employees in the U.S. Bankruptcy Court for the District of Arizona seeking to recover 60 days wages and benefits. We contend First Magnus violated the Worker Adjustment and Retraining Notification Act (the WARN Act) when terminating its employees on or about August 16, 2007. Outten & Golden actively litigated against both First Magnus Financial Corp. and First Magnus Capital, Inc., in their respective bankruptcy proceedings in Tucson and Phoenix, and in the United States Court of Appeals for the Ninth Circuit. If you worked at one of the qualifying locations (see chart below), you may be eligible and should have received notice of the settlement by first class mail. If you have changed your mailing address over the past two years, please call or email us your current mailing address immediately. Our contact information is below.

LIST OF QUALIFYING LOCATIONS

Address 1

Address 2

City

State

Zip Code

3600 N Capital of Texas Hwy

Bldg B Ste 100
Suite 370
Suite 350

Austin

TX

78746

3701 E. Grand Avenue

Suite E

Gurnee

IL

60031

One Tower Lane

Suite 2325

Oakbrook
Terrace

IL

60181

5255 E. Williams Circle

Suite 1025
Suite 3200
Suite 3300

Tucson

AZ

85711

603 N. Wilmot Rd

 

Tucson

AZ

85711

550 West Cypress Creek Rd

Suite 400

Fort Lauderdale

FL

33309

17015 N. Scottsdale Rd

Suite 325
Suite 340
Suite 210

Scottsdale

AZ

85255

2290 Lucien Way

Suite 300

Maitland

FL

32751

535 North Wilmot Rd

Suite 201

Tucson

AZ

85711

13430 N. Scottsdale Rd

SUITE 202

Scottsdale

AZ

85254

7077 E. Marilyn Rd

Building 3

Scottsdale

AZ

85254

14635 N. Kierland Blvd

STE 100

Scottsdale

AZ

85254

The initial settlement distribution, of $2.6 million, was mailed to the class on January 20, 2010. Class members had six months from the date of issuance of the settlement checks to deposit or negotiate their checks before the funds reverted to the estate to pay other creditor claims.

We also understand that the FMFC Liquidation Trustee will be making a further distribution to the employees on their outstanding wage claims as a result of recoveries from the insiders litigation. We do not know the amount or have information regarding any future distributions. Our office is not representing the employees in their claims for wages (only WARN).



First NLC Settlement - $400,000 Class Settlement

Updated 3/17/10

On July 17, 2009, the Court approved a final settlement valued at $400,000 for the former employees of First NLC Financial Services, LLC. Outten & Golden filed suit against First NLC in the Bankruptcy Court for the Southern District of Florida to secure the rights of former First NLC employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). First NLC terminated approximately 199 employees at its facilities in Boca Raton, FL and Anaheim, CA on or about November 30, 2007 and January 11, 2008 without providing them with advance written notice. 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. First NLC terminated 199 employees on or about November 30, 2007 and January 11, 2008 without providing them with advance written notice.

Settlement checks were mailed to the members of the Class on November 13, 2009. The Trustee's office mailed the W-2s to the Class Members on January 29, 2010. If you have moved and have not provided us with an updated address, please contact our office immediately.



FirstMed EMS

UPDATE  January 27, 2014


On December 10, 2013, Outten & Golden filed suit against FirstMed EMS ("FirstMed") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the New York WARN Act. We contend FirstMed ordered mass layoffs on or about December 6, 2013, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the Eastern District of North Carolina, in Wilmington, N.C., where FirstMed filed for chapter 7 protection.

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.



Fisker Automotive, Inc.

UPDATE April 5, 2013

On April 5, 2013, Outten & Golden filed suit against Fisker Automotive, Inc. seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the California WARN Act. We contend Fisker ordered mass layoffs on or about April 5, 2013 without providing its employees with advance written notice. The Case is pending in the United States District Court for the Central District of California.

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.



FNX Mining - $975,000 Class Settlement

Update 3/17/10

On December 21, 2009, the court approved a Class settlement in the amount of $975,000 dollars for the former employees of FNX Mining. Outten & Golden filed suit against FNX Mining Company USA Inc., DMC Mining Services Corporation, Mid-Tennessee Zinc Corporation, and Strategic Resource Acquisition Corporation in October of 2008, seeking to recover 60 days wages and benefits for former employees of DMC Mining Services Corporation and Mid-Tennessee Zinc Corporation, who we allege were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). 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. On February 3, 2009, the Court granted a Motion to Dismiss for Mid-Tennessee Zinc Corporation and Strategic Resource Acquisition Corporation.

Settlement checks were mailed to Class Members on February 15, 2010. Class members will have Six Months from the date of issuance of the settlement checks to deposit or negotiate their check or risk reversion of the funds to the estate. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.



Fortress Resources, LLC

UPDATE 1/19/2016

On January 11, 2016, Outten & Golden filed suit against Fortress Resources, LLC d/b/a McCoy Elkhorn Coal Company ("Fortress") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Fortress ordered mass layoffs on or about November 1, 2015, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the Eastern District of Kentucky.

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.



Fortunoff

UPDATE 1/30/12

On February 12, 2009, Outten & Golden filed suit against Fortunoff Holdings, LLC, Fortunoff Card Company, LLC, NRDC Equity Partners, LLC and NRDC Fund V, LLC, seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the NY WARN Act. We contend Fortunoff ordered mass layoffs on or about February 12, 2009 without providing its employees with advance written notice. The Case is pending in the United States Bankruptcy Court for the Southern District of New York.

On October 1, 2009, the Court converted the case to chapter 7 and a Trustee was appointed. Prior to conversion, plaintiffs' counsel moved to certify the class. The WARN Plaintiffs reached a class settlement with the Trustee for the estates of Fortunoff Holdings, LLC and Fortunoff Card Company, LLC. On December 16, 2011, the Court held a Final Fairness Hearing and approved the final settlement. Disbursement of the settlement funds must await the final liquidation and conclusion of the chapter 7 estate.

We continue to litigate against NRDC Equity Partners, LLC and NRDC V, LLC on behalf of the class members.

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.



Fresh & Easy, LLC

UPDATE 11/23/15

On November 22, 2015, Outten & Golden LLP filed suit against Fresh & Easy, LLC YFE Holdings, Inc., and The Yucaipa Companies, LLC (the "Defendants"), seeking to recover 60 days wages and benefits for former employees under the federal and California Worker Adjustment and Retraining Notification ("WARN") Acts. We contend the Defendants ordered mass layoffs beginning on or about October 23, 2015 at its various facilities without providing its employees with 60 days' advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware.

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.



Heritage College

UPDATE 12/5/2016

On November 8, 2016, Outten & Golden LLP filed suit in the United States District Court for the District of Colorado against Weston Educational, Inc. d/b/a Heritage Institute, d/b/a Heritage College, d/b/a Missouri College (“Heritage”) and Earl Weston (together, “Defendants”) seeking to recover 60 days wages and benefits for former employees under the federal Worker Adjustment and Retraining Notification ("WARN") Act, unpaid wages and accrued paid time off.   We contend Heritage ordered mass layoffs on or about November 1, 2016, without providing its employees with advance written notice as required by the WARN Act and that Defendants are liable for unpaid wages and accrued paid time off for the terminated Heritage employees.

On November 21, 2016, Heritage filed for Chapter 7 bankruptcy protection in the United States Bankruptcy Court for the District of Colorado. On November 29, 2016, Outten & Golden LLP moved its WARN suit in the Bankruptcy Court for the District of Colorado, where the litigation is continuing.

If this mass layoff affected you, or you are owed wages and accrued paid time off, 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.



Homebanc Mortgage

UPDATE 8/31/11

On August 21, 2007, Outten & Golden filed suit against HomeBanc Mortgage seeking to recover 60 days wages and benefits for former employees of HomeBanc who we contend were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is pending in United States Bankruptcy Court for the District of Delaware. The court certified the case as a class action on December 18, 2007.

On February 24, 2009, the Court converted the case to chapter 7 and a Trustee was appointed. The parties are engaged in settlement discussions.

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.



Innovative Building Systems

UPDATE May 20, 2016

On May 13, 2016, Outten & Golden filed suit against Excel Homes Group, LLC, Excel Homes of Virginia, LLC, Excel Homes of Maine, LLC, Excel Homes of New York, LLC, Innovative Buildings Systems, LLC, Innovative Design and Building Services, LLC, Innovative Shared Services, LLC, AAH of Indiana, LLC, AAH of Iowa, LLC, HandCrafted Enterprises, LLC and HandCrafted Holdings, LLC (collectively “IBS”) seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act. We contend IBS ordered mass layoffs on or about May 3, 2016, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware.

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. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René S. Roupinian.



ITT Educational Services, Inc.

UPDATE 9/19/16

On September 6, 2016, Outten & Golden filed suit in the United States District Court for the District of Delaware against ITT Educational Services, Inc. ("ITT"), seeking to recover 60 days wages and benefits for former employees under the federal and California Worker Adjustment and Retraining Notification ("WARN") Acts. We contend ITT ordered mass layoffs on or about September 6, 2016, without providing its employees with advance written notice as required by the WARN Acts.

On September 16, 2016, ITT filed for Chapter 7 bankruptcy protection in the United States Bankruptcy Court for the Southern District of Indiana. On September 16, 2016, Outten & Golden re-filed its WARN suit in the Bankruptcy Court for the Southern District of Indiana, where the litigation is continuing.  The case in the District of Delaware is stayed as a result of the bankruptcy. 

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.



Jevic Transportation

UPDATE 08/15/2016



Update: The United States Supreme Court has agreed to hear the Jevic Employees’ appeal.
On or around May 19, 2008, Jevic Transportation shut down and terminated its approximately 1,800 employees.  On May 21, 2008, Outten & Golden filed a WARN suit seeking recovery of WARN Act damages of 60 days’ wages and benefits from the Jevic bankruptcy estate and from Jevic’s owner Sun Capital Partners, Inc. on behalf of those employees.  The suit was brought in the U.S. Bankruptcy Court for the District of Delaware and alleged claims under the federal WARN Act and New Jersey WARN Act. 
 
In 2008, the Bankruptcy Court certified the case as a class action.  In 2013, the Bankruptcy Court determined that Jevic was liable to its former New Jersey employees under the New Jersey WARN Act, but was not liable to its former non-New Jersey employees due to the federal WARN Act’s unforeseeable business circumstances defense (which is not a defense under the New Jersey WARN Act).  The Court, however, determined that Sun Capital was not liable to any of Jevic’s former employees under either WARN Act.  Outten & Golden appealed the Court’s decision that Sun was not liable.  On appeal, the district court sided with Sun Capital.  Outten & Golden appealed again to the Third Circuit Court of Appeals.
 
Most recently, the Court of Appeals issued its decision on July 27, 2016, affirming the Bankruptcy Court’s order in favor of Sun Capital.  The Plaintiffs’ only further route of appeal would be to the U.S. Supreme Court.
 
Separately, in 2012, the Bankruptcy Court approved a settlement between Jevic’s lender CIT, Sun Capital, and Jevic’s creditors.  The settlement distributed money from the Jevic bankruptcy estate but excluded the Jevic employees although their claims are entitled to priority under the Bankruptcy Code.  This settlement (referred to as a “structured dismissal”) made it impossible for the Jevic employees to collect anything from Jevic on their successful New Jersey WARN Act claim.  We appealed this outcome to the Delaware District Court and Third Circuit Court of Appeals, but, again, neither appeal was successful.  Nevertheless, we did appeal to the U.S. Supreme Court.  In June of 2016, the Supreme Court agreed to hear the appeal, which we expect will be argued in December of 2016. 

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.



Kitty Hawk - $1.4 Million Class Settlement

Updated 9/1/10

On June 2009, the Court approved a final settlement at $1.4 million dollars for the former employees of Kitty Hawk. Outten & Golden filed suit against Kitty Hawk in the Bankruptcy Court for the Northern District of Texas to secure the rights of former Kitty Hawk employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). Kitty Hawk terminated approximately 392 employees at its facilities in Dallas Fort Worth International Airport, Los Angeles International Airport, and Fort Wayne International Airport on or about October 29, 2007 without providing them with advance written notice. 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. Kitty Hawk terminated employees on or about October 29, 2007 without providing them with advance written notice.

The settlement was distributed to the class in two installments. The first settlement payment was distributed by the Liquidating Trustee in June 2009. The second and final WARN payment to the Class was distributed August 2, 2010.



Kohlberg Ventures/ClearEdge Power

UPDATE 12/14/2016

On November 23, 2016, Outten & Golden filed suit against Kohlberg Ventures, LLC ("Kohlberg Ventures") in the United States District Court for the Northern District of California seeking to recover 60 days wages and benefits for former employees of ClearEdge Power under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Kohlberg Ventures ordered mass layoffs on or about April 25, 2014, without providing its employees with advance written notice. The case is pending in the United States District Court for the Northern District of California.

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.



Lamar Construction Company - $2.2 Million Class Settlement

UPDATE 3/28/2016

On July 11, 2014, Outten & Golden filed suit against Lamar Construction Company ("Lamar") in the U.S. Bankruptcy Court for the Western District of Michigan seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Lamar ordered plant closings on or about July 9, 2014, without providing its employees with advance written notice.

On October 15, 2015, the Court granted final approval of a class settlement for the certified WARN class in the amount of $2,246,633.24, inclusive of class counsel's fees and expenses. The Trustee is working to bring funds into the estate to pay creditor claims, including the WARN class claim and, therefore, the Trustee does not yet have an estimate of the timing of a distribution.  We do not expect, however, for settlement checks to be mailed before 2017. We will update the Class here when we have a firm distribution date.

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René S. Roupinian.



Lehman Brothers Holdings

UPDATE 11/5/12

On November 4, 2008, Outten & Golden filed suit against Lehman Brothers Holdings, Inc., seeking to recover 60 days wages and benefits for former employees of Lehman Brothers who we contend were terminated on or about September 9, 2008, in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case was settled in United States Bankruptcy Court for the Southern District of New York.

On September 21, 2009, Outten & Golden filed a second suit against Lehman Brothers Holdings, Inc. in the United States Bankruptcy Court for the Southern District of New York for unpaid salary continuation for former employees of Lehman Brothers that were terminated on or about September 9, 2008.  The case was resolved.

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.



Lend America/Ideal Mortgage

UPDATE 8/15/16

On January 29, 2013, Outten & Golden filed a class claim against Ideal Mortgage Bankers LTD, d/b/a Lend America seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the NY WARN Act. We contend Lend America ordered mass layoffs on or about December 1, 2009 without providing the employees with advance written notice. The case is pending in the United States Bankruptcy Court for the Eastern District of New York. 

We have been recently informed that there are sufficient funds in the bankruptcy estate to allow for a distribution to unsecured creditors, including the putative WARN class.  If you have moved and not updated your address with us, please do so as soon as possible.

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.



LenderLive Network, Inc. — $2.4 Million Class Settlement

UPDATE 11/10/2015

On November 19, 2013, Outten & Golden filed suit against LenderLive Network, Inc., seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act who worked at or reported to the Madison Heights, Michigan facility and unpaid overtime under the Fair Labor Standards Act (FLSA) on behalf of mortgage underwriters. We contend LenderLive Network, Inc. ordered mass layoffs on or about October 15, 2013 without providing its employees with advance written notice, as well as denying overtime compensation to its current and former mortgage underwriters as required by the FLSA. The Case is pending in the United States District Court for the District of Colorado.

On July 22, 2015, Judge R. Brooke Jackson granted final approval of the WARN and FLSA class action $2.4 million settlement. FLSA Settlement checks (net of attorney's fees, litigation and administrative expenses, service payments and applicable tax withholdings) were mailed by the settlement administrator to class members on September 4, 2015, while WARN checks were mailed on October 12, 2015.  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 revert to Defendant. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian.



Level Solar

UPDATE 2/12/2018

On September 21, 2017, Outten & Golden filed suit against Level Solar, Inc. (“Level Solar”) in the Supreme Court of the State of New York seeking to recover up to 60 days wages and benefits for former employees under the New York Worker Adjustment and Retraining Notification ("WARN") Act. We contend Defendant ordered mass layoffs on or about September 19, 2017, without providing their employees with 90 days advance written notice.

On December 4, 2017, Defendant filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Southern District of New York. On February 7, 2018, Outten & Golden initiated a WARN suit in the Southern District of New York Bankruptcy Court on behalf of the employees of Level Solar who were terminated on or about September 19, 2017.

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.




Louisiana Heart Hospital, CCG and MedCare

UPDATE 4/21/2017

On February 5, 2017, Outten & Golden filed suit against the Debtors LMCHH PCP, LLC, Louisiana Medical Center and Heart Hospital, LLC, aka Louisiana Heart Hospital and non-debtors Cardiovascular Care Group, Inc., CCG of Louisiana, LLC and MedCare Investment Funds.  The suit seeks to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act, unpaid severance, accrued paid days off, and unpaid wages for time worked.  It contends these Defendants ordered mass layoffs on or about February 3, 2017 without providing 60 days advance written notice. The case is pending in the United States Bankruptcy Court for the Eastern District of Louisiana. On April 5, we argued our motion to be appointed interim class counsel.

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.



Mazer / ABMD - $303,000 Class Settlement

UPDATE 2/15/13

On January 6, 2009, Outten & Golden filed suit against Mazer Corporation ("Mazer") seeking to recover 60 days wages and benefits for former employees of Mazer under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Mazer ordered mass layoffs on or about December 30, 2008 without providing the employees with advance written notice. Counsel requested the Court enter a default against Mazer for failure to respond to Counsel's complaint which was entered by the Court on May 7, 2010.

On November 19, 2009, Outten & Golden filed a related WARN Act suit against ABMD Limited ("ABMD") in United States Bankruptcy Court for the Southern District of Ohio, based on ABMD's connection to Mazer. 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.

On November 1, 2012, the Court held a Final Fairness Hearing and approved the final settlement in the amount of $303,000, inclusive of class counsel's fees and expenses, and entered the Final Order on November 19, 2012. Settlement checks (net of fees, expenses and applicable withholdings) were mailed to the members of the Class by the settlement administrator on February 15th, 2013. Class members have 180 days from the date of issuance of the settlement checks to deposit or cash them before the funds revert to the ABMD Estate to pay other creditor claims. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.

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.



Metadigm Services Inc.

UPDATE 3/19/13


On March 18, 2013, Outten & Golden filed suit against Metadigm Services Inc., ("Metadigm") to recover 60 days wages and benefits for former employees of Metadigm under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Metadigm ordered mass layoffs on or about March 18, 2013 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the Northern District of Georgia.

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.



MF Global - $5 Million Class Settlement

UPDATE 10/27/16

On November 14, 2011, Outten & Golden ("O&G") filed suit against MF Global Holdings, LTD., MF Global Finance USA, Inc., MF Global Holdings USA Inc. (the "Chapter 11 Debtors"), and MF Global, Inc. (the "SIPA Trustee"), in the United States Bankruptcy Court for the Southern District of New York, seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the NY WARN Act. We contend MF Global ordered mass layoffs on or about November 11, 2011 without providing its employees with advance written notice. 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. 

On August 24, 2016, Judge Glenn granted final approval of the WARN class action $5 Million settlement. Settlement checks were mailed by the settlement administrator to the members of the Class on September 13, 2016. Class members will have 90 days from the date of issuance of the settlement checks to cash their checks or risk reversion of the funds to the MF Global Estate. If you have moved and not provided us with your current mailing address, please call or email us immediately. Our contact information is below.

Change of address and/or telephone - please contact us at:



Monaco Coach - $10 Million Class Settlement

UPDATE 7/6/2015: On March 6, 2009, Outten & Golden filed suit against Monaco Coach Corporation ("Monaco Coach") seeking to recover 60 days wages and benefits for former employees of Monaco Coach under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Monaco Coach ordered mass layoffs on or about March 2, 2009 without providing its employees with advance written notice. 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.

On May 21, 2015, Judge Carey granted final approval of the WARN class action $10 Million settlement. Settlement checks (net of attorney’s fees, litigation and administrative expenses, service payments and applicable tax withholdings) were mailed by the settlement administrator to class members on June 30, 2015.  Class members will have 120 days from the date of issuance of the settlement checks to deposit or negotiate their checks. After 120 days, unclaimed funds will be remitted to the Clerk of the Delaware Bankruptcy Court in the name(s) of the class members. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.

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.



Nevada Cancer Institute

UPDATE 08/31/2011

On April 19, 2011, Outten & Golden filed suit against Nevada Cancer Institute to recover 60 days wages and benefits for former employees of Nevada Cancer Institute under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Nevada Cancer Institute ordered mass layoffs on or about April 8, 2011 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the District of Nevada. The parties are currently engaged in discovery which is scheduled to close on December 12, 2011. On August 26, 2011, we requested that the Court certify the case as a Class Action. If the Court grants class certification, notice of the suit will be mailed to the members of the WARN Class.

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.



New Century

UPDATE 9/25/14

On June 9, 2014, Outten & Golden filed suit against New Century Transportation, Inc. (“New Century”) seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act and the New Jersey WARN Act. We contend New Century ordered plant closings on or about June 9, 2014, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the District of New Jersey.

On September 8, 2014, Outten & Golden was appointed interim WARN class counsel. A copy of the Order may be accessed here.

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.

OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Toll Free: 1-877-4-OUTTEN
Telephone: 212-245-1000
Facsimile: 646-509-2070
Email Us

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

For more information regarding the WARN Act, visit our WARN Act website.



PEMCO World Air Services, Inc. - $275,000 Class Settlement

UPDATE 06/18/2013

On August 3, 2012, Outten & Golden filed suit against PEMCO World Air Services, Inc., (PEMCO) to recover 60 days wages and benefits for former employees of PEMCO under the WARN Act (Worker Adjustment and Retraining Notification Act)in the U.S. Bankruptcy Court for the District of Delaware. We contend PEMCO ordered mass layoffs at the Tampa, Florida facility within 60 days of August 3, 2012 without providing the employees with advance written notice. 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.

On April 29, 2013, the Court approved a settlement in the amount of $275,000 to the WARN Class, inclusive of class counsels fees and expenses. Settlement checks (net of fees, expenses and applicable withholdings), were mailed to the members of the Class on June 7, 2013. Class members have 90 days from the date of issuance of the settlement checks to deposit or cash them.

If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.

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.



Pennysaver USA LLC

UPDATE 6/1/2015

On June 1, 2015, Outten & Golden LLP filed suit against PennySaver USA, LLC, PennySaver USA Publishing, LLC and PennySaver USA Printing, LLC (“PennySaver”) seeking to recover 60 days wages and benefits for former employees under the Federal and California Worker Adjustment and Retraining Notification (“WARN”) Act.  We contend PennySaver ordered mass layoffs on or about May 22, 2015 at its various facilities in California, without providing its employees with 60 days’ advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware. Outten & Golden is also seeking to recover unpaid wages and vacation pay under the California Labor Code on behalf of the terminated employees. 

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.



Peregrine Financial Group Inc d/b/a PFGBest

UPDATE 7/12/12

On July 10, 2012, Outten & Golden filed suit against Peregrine Financial Group, Inc., d/b/a PFGBest ("PFGBest") to recover 60 days wages and benefits for former employees of PFGBest under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend PFGBest ordered mass layoffs at the company's facilities in Chicago, Illinois and Cedar Falls, Iowa on or about July 9, 2012, and within 30 days of that date, without providing the employees 60 days advance written notice. The case is pending in the U.S. District Court for the Northern District of Illinois.

On July 10, 2012, PFGBest filed for chapter 7 bankruptcy protection in the United States Bankruptcy Court for the Northern District of Illinois. On July 11, 2012, Outten & Golden transferred the WARN suit to the bankruptcy court, where the litigation is continuing.

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.



QIMONDA - up to $35 Million Class Settlement

Update 4/21/17 

On February 20, 2009, Outten & Golden filed suit against Qimonda North America Corp. (“QNA”), and Qimonda Richmond, LLC (“QR”), seeking to recover 60 days wages and benefits under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Qimonda ordered mass layoffs on or about February 4, 2009 without providing the employees with advance written notice. The suit also includes claims based on employees' entitlements to severance. 

On August 10, 2011, the Court held a Final Fairness Hearing and approved the final settlement. The settlement will be distributed to the class in installments. The initial distribution of approximately $8.5 million dollars, less attorneys’ fees, expenses and applicable tax withholding, was mailed to the class by the settlement administrator on October 18, 2011. The second distribution of approximately $2.5 million dollars, less attorneys’ fees, expenses and applicable tax withholding, was mailed to the class by the settlement administrator on September 7, 2012. The third distribution of approximately $5.3 million dollars, less attorneys’ fees, expenses and applicable tax withholding, was mailed to the class by the settlement administrator July 2013. The fourth distribution of approximately $2.9 million dollars, less attorneys’ fees, expenses and applicable tax withholding, was mailed to the class by the settlement administrator April 2014. The fifth distribution of approximately $1.7 million dollars, less attorneys’ fees, expenses and applicable tax withholding, was mailed to the class by the settlement administrator February 2015. Additional distributions will be made to the Class as assets are recovered and available to pay general unsecured creditors in the QNA and QR Estates. 

Class members will have six months from the date of issuance of each round of settlement checks to deposit or negotiate their check or risk reversion of the funds to the QNA Estate. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below. 



Quaker Fabric Corporation - $1 Million Class Settlement

Updated 11/8/2012


On September 2008, the Court approved a final settlement valued at $1.0 million dollars for the former employees of Quaker Fabric. Outten & Golden filed suit against Quaker Fabric Corporation in the Bankruptcy Court for the District of Delaware to secure the rights of former Quaker Fabric employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). Quaker Fabric terminated approximately 895 employees at its facilities on or about July 5, 2007 without providing them with advance written notice. 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. Quaker Fabric terminated employees on July 5, 2007, without providing them with advance written notice.

An initial distribution of the settlement was mailed to the class in December 2008, and a second distribution was made on June 11, 2010. A third and final distribution is expected by the second quarter of 2013.



Radius Hospital

UPDATE 10/16/14

On October 15, 2014, Outten & Golden filed suit against Radius Hospital Management II, Inc., d/b/a Radius Specialty Hospital ("Radius Hospital") seeking to recover 60 days wages and benefits for former non-union employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Radius Hospital ordered mass layoffs on or about October 2, 2014, without providing its employees with advance written notice. The case is pending in the United States District Court for the District of Massachusetts.

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.



Rhythm & Hues Inc. - $1 Million Class Settlement

UPDATE 2/15/13

On February 15, 2013, Outten & Golden filed suit against Rhythm & Hues Inc., to recover 60 days wages and benefits for former employees of Rhythm & Hues Inc., under the Worker Adjustment and Retraining Notification (“WARN”) Act and the California Labor Code § 1400. We contend Rhythm & Hues Inc., ordered mass layoffs on or about February 11, 2013 without providing the employees with advance written notice.

On December 13, 2013, the court gave approval of a settlement in the amount of $1,000,000. The settlement was distributed to the class in December 2013.

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.



Rivet Software, Inc. - $200,000 Class Settlement

Update 9/25/2014

On October 22, 2012, Outten & Golden filed suit against Rivet Software Inc., seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ( “WARN”) Act. We contend Rivet Software ordered mass layoffs on or about June 1, 2012 at its Denver, Colorado, facility without providing its employees with advance written notice. 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. 

On August 6, 2014, the Court entered final approval of a class settlement of $200,000 for the WARN class, inclusive of class counsel’s fees and expenses. Settlement checks were mailed to the members of the class on August 25, 2014.

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. 

OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Toll Free: 1-877-4-OUTTEN
Telephone: 212-245-1000
Facsimile: 646-509-2070
Email Us

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

For more information regarding the WARN Act, visit our WARN Act website



Royal Oak Industries/Bronson Precision Products/Royal Oak Boring

UPDATE 3/1/2016

On February 26, 2016, Outten & Golden filed suit against Royal Oak Industries, Inc., d/b/a Royal Oak Boring, Inc. and d/b/a Bronson Precision Products, Inc. (“ROI”) seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act. We contend ROI ordered mass layoffs on or about February 15, 2016, without providing its employees with advance written notice. The case is pending in the United States District Court for the Western District of Michigan.

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.



Sacred Heart Hospital - $360,000 Class Settlement

UPDATE 7/7/2015

On July 9, 2013, Outten & Golden filed suit against West Side Community Hospital Inc., d/b/a Sacred Heart Hospital (“Sacred Heart”) seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act. We contend Sacred Heart ordered mass layoffs on or about July 1, 2013, without providing its employees with 60 days advance written notice. 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.

On May 20, 2015, Judge Wedoff granted final approval of the WARN class action settlement in the amount of $360,000.00. Settlement checks (net of attorney’s fees, litigation expenses, the class representative’s service payment, and applicable tax withholdings) were mailed by the Trustee to members of the WARN class on June 30, 2015.  Class members have 90 days from the date of issuance of the settlement checks to deposit or cash their checks before the funds revert to the Sacred Heart Estate to pay other creditor claims. If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.

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.



SCANA/Fluor Corporation

UPDATE 8/9/2017

On August 8, 2017, Outten & Golden filed suit against Fluor Corporation, Fluor Enterprises, Inc., and SCANA Corporation ("Defendants") seeking to recover up to 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Defendants ordered mass layoffs on or about July 31, 2017, without providing their employees with 60 days advance written notice. The case is pending in the United States District Court for the District of South Carolina.

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.



SFI Holding, LLC

UPDATE 7/11/12

On July 10, 2012, Outten & Golden filed suit against SFI Holding, LLC and Willowbrook Foods I, LLC, (“SFI”) to recover 60 days wages and benefits for former employees of SFI under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend SFI ordered mass layoffs at the Forest City, North Carolina facility within 90 days of March 7, 2012 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the Southern District of Ohio.

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.



Simplexity, LLC

UPDATE 3/19/14

On March 13, 2014, Outten & Golden filed suit against Simplexity, LLC ("Simplexity") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act, and also unpaid wages for time worked under the Maryland and Virginia Wage Payment Acts. We contend Simplexity ordered mass layoffs on or about March 12, 2014, without providing its employees with advance written notice. On March 16, 2014, Simplexity filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware. On March 17, 2014, Outten & Golden re-filed its WARN suit in the Delaware Bankruptcy Court, where the litigation is continuing.

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.



Solyndra LLC - $3.5 Million Class Settlement

UPDATE 11/20/2012

On September 2, 2011, Outten & Golden filed suit against Solyndra LLC (“Solyndra”) seeking to recover 60 days wages and benefits for former employees of Solyndra under the federal Worker Adjustment and Retraining Notification Act (the WARN Act) and the California Labor Code (the "WARN Acts"). We contend Solyndra ordered mass layoffs on or about August 31, 2011 without providing the employees with advance written notice. On September 6, 2011, Solyndra filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware. On September 6, 2011, Outten & Golden filed suit in the U.S. Bankruptcy Court for the District of Delaware. 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.

On October 15, 2012, the Court held a Final Fairness Hearing and approved a  settlement in the amount of $3.5 Million to the WARN Class, inclusive of class counsel’s fees and expenses. Settlement checks (net of fees, expenses and applicable withholdings), are expected to be mailed to the members of the Class by December 15, 2012.  Class members have 180 days from the date of issuance of the settlement checks to deposit or cash them.  If you have changed your mailing address over the past year, please call or email us your current mailing address immediately. Our contact information is below.



Steve & Barry's

UPDATE 1/30/12

On November 20, 2008, Outten & Golden filed suit against BH S&B Holdings LLC, BHY S&B Intermediate Holdco LLC, Bay Harbour Management LC, and York Capital Management seeking to recover 60 days wages and benefits for former employees of Steve & Barry's the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Steve & Barry's ordered mass layoffs on or about November 17, 2008 without providing the employees with advance written notice.

On November 16, 2010 the Bankruptcy Court converted the Steve & Barry's estate to chapter 7 and a Trustee was appointed.

On October 28, 2011, the U.S. District Court for the Southern District of New York, where the litigation has taken place, approved the settlement of the WARN claims as between the class of employees at the Port Washington headquarters and Ohio distribution center, and the chapter 7 bankruptcy estate of BH S&B Holdings LLC. Disbursement of the settlement funds must wait until the final liquidation of the chapter 7 estate.

Although the District Court has dismissed the WARN claims against the BHY S&B Holdco LLC, Bay Harbor and York defendants, O&G has appealed those decisions to the U.S. Court of Appeals for the Second Circuit.

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.



Strategic Fundraising Inc.

UPDATE 9/1/2015

On January 29, 2015, Outten & Golden filed suit against Strategic Fundraising, Inc (“SFI”) seeking to recover 60 days wages and benefits under the Worker Adjustment and Retraining Notification (“WARN”) Act for former employees of SFI who were terminated on or about January 22, 2015. On July 2, 2015, Outten & Golden filed a second suit against SFI in the United States District Court for the Western District of Missouri seeking to recover 60 days wages and benefits under the WARN Act for former employees of SFI who were terminated on or about June 29, 2015. We contend that SFI ordered mass layoffs on or about January 22, 2015 and on or about June 29, 2015, without providing its employees with advance written notice. On August 13, 2015, Strategic Fundraising, Inc. filed for chapter 7 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware. On August 27, 2015, Outten & Golden initiated a WARN suit in the Delaware Bankruptcy Court on behalf of the employees of SFI who were terminated on or about January 22, 2015 and June 29, 2015.

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.

OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Toll Free: 1-877-4-OUTTEN
Telephone: 212-245-1000
Facsimile: 646-509-2070
Email Us

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

For more information regarding the WARN Act, visit our WARN Act website.



Sungevity, Inc.

UPDATE 3/16/2017

On March 14, 2017, Outten & Golden filed suit against Sungevity, Inc., (“Sungevity”) seeking to recover 60 days wages and benefits for former employees under the federal and California Worker Adjustment and Retraining Notification (“WARN”) Acts and recovery of the employees’ accrued but unpaid vacation pay. We contend Sungevity ordered mass layoffs on or about March 9, 2017, without providing its employees with 60 days advance written notice.  The case is pending in the United States Bankruptcy Court for the District of Delaware.

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.



Taylor, Bean, and Whitaker - $15 Million Class Settlement

UPDATE 1/30/12

On August 10, 2009, Outten & Golden filed suit against Taylor Bean & Whitaker Mortgage Corporation, seeking to recover 60 days wages and benefits for former employees of Taylor Bean who we contend were terminated on or about August 5, 2009 in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). On August 24, 2009, Taylor, Bean & Whitaker filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Middle District of Florida. The Court certified our WARN suit as a class action and appointed Outten & Golden WARN Class Counsel.

On December 2, 2011, Judge Funk granted final approval of the WARN class action $15 Million settlement and entered the Final Order on January 10, 2012.Settlement checks were mailed to the members of the Class on January 27, 2012. Class members will have six months from the date of issuance of the settlement checks to cash their checks or risk reversion of the funds to the TBW Estate. If you have moved in the past year and not provided us with your current mailing address, please call or email us immediately. Our contact information is below.



The Connaught Group - $675,000 Class Settlement

UPDATE 11/14/13

On February 14, 2012, Outten & Golden filed suit against The Connaught Group LTD, seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the NY WARN Act. We contend The Connaught Group ordered mass layoffs on or about January 30, 2012 without providing its employees with advance written notice. The Case is pending in the United States Bankruptcy Court for the Southern District of New York.

On November 14, 2013, the Court held a Final Fairness Hearing and approved the settlement to the class of $675,000.00, inclusive of class counsel’s fees and expenses. The WARN settlement is expected to be distributed by the Estate to the members of the Class in December 2013.

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.



Totsy, Inc.

UPDATE June 21, 2013
 
On June 20, 2013, Outten & Golden filed suit against Totsy, Inc. ("Totsy") seeking to recover 60 days wages and benefits for former employees under the New York Worker Adjustment and Retraining Notification ("WARN") Act. We contend Totsy ordered mass layoffs on or about May 15, 2013, without providing its employees with 90 days advance written notice. The Case is pending in the New York Supreme Court for the County of New York.

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.



TransCare Corporation

UPDATE 11/9/16

On March 1, 2016, Outten & Golden filed suit against Debtors TransCare Corporation, et al. and non-debtors Lynn Tilton, ARK CLO 2001-1 Limited, ARK Investment Partners II, L.P., Patriarch Partners, LLC, and Patriarch Partners III, LLC (collectively "Defendants") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the New York WARN Act, in addition to unpaid vacation and wages. We contend the Defendants ordered mass layoffs beginning on or about February 24, 2016, without providing its employees with advance written notice. The case is pending in the United States Bankruptcy Court for the Southern District of New York, where TransCare filed for chapter 7 protection.

On October 24, 2016 the Court certified the case as a class action and notice was mailed to the members of the class on November 9, 2016.  The parties are in the initial phase of discovery.

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.



TWL Corporation - $650,000 Class Judgment

UPDATE 12/29/2015

On November 4, 2008, Outten & Golden filed suit against TWL Corporation, f/k/a Trinity Learning Corporation and TWL Knowledge Group, Inc., f/k/a Trinity Workplace Learning Corporation ("TWL Corporation") in the United States Bankruptcy Court for the Eastern District of Texas, seeking to recover 60 days wages and benefits for former employees of TWL Corporation who were terminated under the Worker Adjustment and Retraining Notification (WARN) Act. We contend TWL Corporation ordered mass layoffs on or about September 9, 2008 without providing the employees with advance written notice. 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.

On February 10, 2015, the Court granted a judgment against TWL Corporation in favor of the WARN Class in the amount of $652,402.00. Given the Estate's limited funds, the ultimate recovery to the Class is $247,796.94. The settlement checks were mailed by the settlement administrator, net of attorneys' fees, litigation and administrative expenses, service payments, and applicable tax withholdings, to the eligible members of the WARN Class on December 23, 2015. Those Class members will have ninety (90) days from the date of issuance of the settlement checks to deposit or negotiate them. If you have changed your mailing address over the past year, please provide us with your current mailing address immediately via telephone or email. Our contact information is below.

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.



Univita Health

UPDATE 10/23/15 On August 2, 2015, Outten & Golden filed suit against Univita Health Inc and Univita of Florida Inc. ("Univita") to recover 60 days wages and benefits for former employees of Univita under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Univita ordered mass layoffs or plant closings on or about July 28, 2015 without providing the employees with advance written notice. On August 28, 2015, Univita filed for Chapter 7 Bankruptcy in the United States Bankruptcy Court for the District of Delaware. Our WARN class action was transferred to the Bankruptcy Court and is being litigated there.

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.



US Investigations Services, LLC

UPDATE 7/8/15

On October 3, 2014, Outten & Golden brought suit in the Western District of Pennsylvania against US Investigations Services, LLC (“USIS”) seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act. We contend USIS ordered mass layoffs on or about September 2014, without providing its employees with advance written notice.  On February 8, 2015, US Investigations Services, LLC filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware. On February 9, 2015, Outten & Golden transferred the WARN suit to the Delaware Bankruptcy Court.

On June 11, 2015, the WARN suit was certified as a class action and notice of the action was mailed to the members of the WARN class on June 17, 2015. 

If the 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 mass layoffs or plant closings. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. 

OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Toll Free: 1-877-4-OUTTEN
Telephone: 212-245-1000
Facsimile: 646-509-2070
Email Us

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

For more information regarding the WARN Act, visit our WARN Act website.




Verengo Inc.

UPDATE 5/4/2016

On May 3, 2016, Outten & Golden LLP filed suit against Verengo Inc., ("Verengo") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act and the California WARN Act. We contend Verengo ordered mass layoffs on or about January 21, 2016 without providing its employees with 60 days’ advance written notice. The case is pending in the United States District Court for the Central District of California.

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.



WJB Capital

UPDATE May 13, 2013


On February 3, 2012, Outten & Golden filed suit against WJB Capital Group, Inc. to recover 60 days wages and benefits for former employees of WJB Capital under the Worker Adjustment and Retraining Notification Act (the WARN Act), and the New York WARN Act. We contend WJB Capital ordered mass layoffs at its New York facility on or about January 3, 2012 without providing the employees with advance written notice.  Our case is proceeding in the United States Bankruptcy Court for the Southern District of New York.

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.



WL Homes, LLC d/b/a John Laing Corporation - $938,250 Class Settlement

UPDATE 6/16/2014

On October 15, 2009, Outten & Golden filed suit against WL Homes and related entities seeking to recover 60 days wages and benefits for former employees who were terminated under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend WL Homes ordered mass layoffs on or about June 5, 2009 without providing the employees with advance written notice.

On April 24, 2014, the Court gave final approval of a settlement in the amount of $938,250.00. The settlement funds were distributed to the 85 class members on May 30, 2014. Class members will have 90 days from the day of issuance to cash their checks.

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.



Zirtual Inc.

UPDATE 8/12/15

On August 11, 2015, Outten & Golden filed suit against Zirtual Inc. (“Zirtual”) to recover 60 days wages and benefits for former employees of Zirtual under the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Zirtual ordered mass layoffs or plant closings on or about August 7, 2015 without providing the employees with advance written notice. The case is pending in the U.S. District Court for the District of Delaware.

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.

Change of address and/or telephone - please contact us at:

OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Toll Free: 1-877-4-OUTTEN
Telephone: 212-245-1000
Facsimile: 646-509-2070
Email Us

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

For more information regarding the WARN Act, visit our WARN Act website.

(Prior results do not guarantee a similar outcome.)