UPDATE 08/31/2011

On September 24, 2010, Outten & Golden filed suit against Excel Capital Partners LLC and Excel Storage Products LP to recover 60 days wages and benefits for former employees of Excel Storage Products under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend Excel ordered mass layoffs on or about September 17, 2010 without providing the employees with advance written notice. The case is pending in the U.S. Bankruptcy Court for the Middle District of Pennsylvania. The Trustee consented to liability making further litigation against the estate unnecessary. A WARN distribution is contingent upon the estate recovering sufficient assets to pay employee claims. We expect a partial distribution to be made by the end of this year.

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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