On May 21, 2008, Outten & Golden filed a WARN suit against Jevic Transportation, Inc., Jevic Holding Corp., Creek Road Properties, LLC, Sun Capital Partners, Inc. The suit has been certified as a class action. The class members are the approximately 1,800 former employees of Jevic Transportation who were terminated on or about May 19, 2008. The suit seeks to recover for each class member up to 60 days wages and benefits under the federal WARN Act and, if greater, up to one week of wages and benefits for each year worked under the New Jersey WARN Act for those who worked in New Jersey. The case is pending in U.S. Bankruptcy Court for the District of Delaware. It seeks these recoveries against both the Jevic estates and Sun Capital Partners, Inc.
The parties have completed discovery and are preparing pre-trial motions. We anticipate this phase of the litigation will take several months.
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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