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Delta Financial Mortgage

Update 11/10/11

On December 12, 2007, Outten & Golden filed suit against Delta Financial Corporation, Delta Funding Corporation and Fidelity Mortgage Inc., seeking to recover 60 days wages and benefits for former employees of Delta who we allege were terminated in violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). The case is pending in United States Bankruptcy Court for the District of Delaware.

The parties have reached a settlement, which the Court preliminarily approved on October 19, 2011 for the class of employees terminated on or about November 8 or December 7, 2007. The layoffs on these dates qualified for WARN protection. A final "fairness" hearing is scheduled for December 21, 2011. The settlement, if approved, would result in payment of $2,525,000, inclusive of attorneys fees, to the WARN class in February 2012. Notice of the terms of the settlement was mailed to each eligible class member's last known address on October 28, 2011. If your mailing address has changed in the past two years, please contact us immediately with your change of address. 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. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for Rene Roupinian.

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OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Toll Free 1-877-4-OUTTEN
Telephone: 866-544-9945
Facsimile: 646-509-2070
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Outten & Golden LLP is one of the largest plaintiff employment law practices in the nation, representing clients in WARN Act (Mass Layoff) cases coast to coast, including New York, New Jersey, Ohio and California. © 2007 Outten & Golden LLP, 685 Third Avenue, 25th Floor, New York, NY 10017. Attorney Advertising.

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