SUNGEVITY WARN CASE UPDATE

WARN CLASS ACTION FILED

Raisner Roupinian LLP filed suit against Sungevity, Inc., (“Sungevity”) on March 14, 2017, seeking to recover 60 days’ wages and benefits for former employees under the federal and California Worker Adjustment and Retraining Notification (“WARN”) Acts and recovery of the employees’ accrued but unpaid vacation pay. We contended Sungevity ordered mass layoffs on or about March 9, 2017, without providing its employees with 60 days’ advance written notice. The case was adjudicated in the United States Bankruptcy Court for the District of Delaware.

SETTLEMENT REACHED

We reached a settlement of our WARN Act class action lawsuit against Sungevity, Inc., (“Sungevity”). After six years of litigation, first against the Debtor in bankruptcy, and then the insurance companies representing the company’s officers and directors in district court and arbitration, Raisner Roupinian LLP obtained a $5,000,000 gross settlement from which all litigation expenses and fees were deducted. The balance of the settlement was distributed to the members of the certified class on a pro rata basis.

SETTLEMENT DISTRIBUTION

For eligible class members to receive their settlement share, they needed to provide current addresses and completed W9 tax forms. Given the passage of time, we assumed many class members had moved. Importantly, if you moved, we used the address you listed in your W9 as your current home address.

We were unable to issue settlement checks to an individual class member without a completed W9 tax form. Class members used our contact us form to receive instructions on completing and providing a W9 tax form.

The settlement administrator mailed settlement checks to class members on May 28, 2024. On November 24, 2025, the settlement administer distributed all unclaimed funds to class members who completed a W9 tax form. The distribution period is now closed.

WARN ACT

Raisner Roupinian LLP will provide you with information regarding your rights in this case. For example, the federal WARN Act requires companies with at least 100 full time employees to provide them with 60 days’ written notice in advance of a mass layoff or plant closing. Additionally, certain states also have WARN Act laws.

If an employer fails to give the required notice, then they may be liable for 60 days’ wages and benefits to each affected employee.