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.
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OUTTEN & GOLDEN LLP
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To contact us regarding this matter, please call 1-877 4-OUTTEN or email us.
(*Prior results do not guarantee a similar outcome.)