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.
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(*Prior results do not guarantee a similar outcome.)