Company Could Face Class Action Lawsuit for WARN Act Violation

March 28, 2012 by Jim Higgins

Pursuant to the Worker Adjustment and Retraining Notification Act or WARN, an employer is required to provide their employees sixty days of written notice before any major layoffs within the company or before the company closes. Unfortunately, many companies and businesses find ways around this law or fail to follow through with it at all.

According to this case, Katherine McNeel, a former employee of Trainor Glass Co., has brought a class action lawsuit against the former employer for herself and all other people in a similar situation claiming violations related to the Worker Adjustment and Retraining Notification Act or WARN.
According to the lawsuit, on or around February 21, 2012, the Trainor Glass Company fired McNeel as part of a plant closing which means that she was entitled to receive sixty days advance written notice under the WARN Act. The company never gave McNeel sixty days notice of the plant closing or before the termination which is in violation of the WARN Act.

The lawsuit is seeking recovery for McNeel and other people in a similar situation in the amount of sixty days pay and ERISA benefits because of the company’s violation of McNeel’s rights under the WARN Act. For the compensation, McNeel has requested, “an allowed wage priority claim against the defendant in favor of the plaintiff and class members equal to the sum of: (a) unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, pension and 401(k) contributions and other ERISA benefits, for 60 days, that would have been covered and paid under the then applicable employee benefit plans had that coverage continued for that period."

McNeel has also asked that the lawsuit be certified as a class action lawsuit. Trainor Glass closed in February and filed for Chapter 11 on March 9th. The lawsuit was part of the bankruptcy case.

If your company or business is closing or you have been laid off and feel that your rights were violated under the WARN Act, then you should talk to a Tennessee employment lawyer right away. They will hear your case and see to it that you get the compensation you deserve. We care about our clients and will work with you to make sure you get the compensation you are entitled to by law.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options