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