Raisner Roupinian LLP filed suit against Product Quest Manufacturing, LLC, Ei LLC, Product Quest Logistics, LLC, Scherer Labs International, LLC, JBTRS, LLC, and PQ Real Estate LLC (“Product Quest Manufacturing”) on September 12, 2018, seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN”) Act and unpaid wages and accrued vacation pay in violation of the North Carolina Wage and Hour Act.
We contended Product Quest Manufacturing ordered mass layoffs beginning on August 12, 2018, at its Kannapolis and Daytona locations, without providing its employees with 60 days advance written notice as required by the WARN Act. The case is pending in the United States Bankruptcy Court for the Middle District of North Carolina.
After briefing and a hearing, the Court, on December 10, 2019, granted our request to certify a WARN and vacation pay class comprising all employees who worked at Defendants’ Daytona, Florida or Kannapolis, North Carolina facilities and were terminated without cause on or about August 1, 2018, and September 6, 2018, respectively. Notice of the class action was mailed to members of the class on December 30, 2019.
The parties reached a $2,650,000 settlement of the WARN and unpaid vacation pay class action subject to preliminary and final approval by the United States Bankruptcy Court for the Middle District of North Carolina.
On April 12, 2023, the Court granted preliminary approval and notice of the terms of the proposed settlement was mailed to all members of the class on April 26, 2023.
Following a hearing on June 1, 2023, the Court granted final approval of the settlement.
Settlement checks were mailed to members of the class on July 14, 2023.
If you have moved and not updated your mailing address, please do so as soon as possible via the link at the bottom of this update.
WARN ACT – CONTACT US
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.
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