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EOS Airline - $1.7 Million Class Settlement


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.

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