UPDATE 08/31/11
On December 2, 2008, Outten & Golden filed suit against Continental Promotion Group Inc., seeking to recover 60 days wages and benefits for former employees who we contend were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). We allege Continental Promotion Group Inc. ordered mass layoffs on or about November 19, 2008, without providing the employees with advance written notice. The case is pending in the United States Bankruptcy Court for the Middle District of Florida.
On September 28, 2009, the Court converted the estate to Chapter 7 and appointed a Trustee.
At present, the assets in the estate to satisfy creditors' claims are very limited. In order to preserve those assets, the parties have stayed further litigation pending a determination of whether there will be sufficient assets to pay the employees' WARN claims. On August 17, 2011, O&G filed an amended complaint, clarifying that the proposed class comprises those employees who worked at or reported to the Tempe, Arizona facility and were terminated without case and without 60 days 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. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for Rene Roupinian or email her.
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OUTTEN & GOLDEN LLP
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