Level Solar – $400,000 Settlement
On September 21, 2017, we filed suit against Level Solar, Inc. (“Level Solar”) in the Supreme Court of the State of New York seeking to recover up to 60 days wages and benefits for former employees under the New York Worker Adjustment and Retraining Notification (“WARN”) Act. We contend Defendant ordered mass layoffs on or about September 19, 2017, without providing their employees with 90 days advance written notice.
On December 4, 2017, Level Solar filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Southern District of New York. On February 7, 2018, we initiated a WARN suit in the Southern District of New York Bankruptcy Court on behalf of the employees of Level Solar who were terminated on or about September 19, 2017.
On June 26, 2019, the Bankruptcy Court granted final approval of a WARN settlement on behalf of employees who worked at the New York facilities located at 236 West 30th Street and 327 New South Road.
Recently, the Bankruptcy Court confirmed the Trustee’s chapter 11 bankruptcy plan which was required for a WARN settlement distribution to occur. The Level Solar Trustee will be mailing settlement checks to the members of the WARN class, less class counsel’s fees, expenses, service payments, and applicable payroll withholding. When we receive the mailing date for the checks, we will update it here. Any settlement checks that are not cashed or deposited within 6 months of the date of issue will go back to the Level Solar Estate to pay other creditors. If you have any questions regarding this matter or to update your mailing address, please contact us.
If this mass layoff affected you, Raisner Roupinian LLP can provide you with updated information regarding your rights in this case. Generally, the New York WARN Act requires companies to provide their employees with 90 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.