Company Could Face Class Action Lawsuit for WARN Act Violation
Pursuant to the Worker Adjustment and Retraining Notification Act or WARN, an employer is required to provide their employees sixty days of written notice before any major layoffs within the company or before the company closes. Unfortunately, many companies and businesses find ways around this law or fail to follow through with it at all.
According to this case, Katherine McNeel, a former employee of Trainor Glass Co., has brought a class action lawsuit against the former employer for herself and all other people in a similar situation claiming violations related to the Worker Adjustment and Retraining Notification Act or WARN.
According to the lawsuit, on or around February 21, 2012, the Trainor Glass Company fired McNeel as part of a plant closing which means that she was entitled to receive sixty days advance written notice under the WARN Act. The company never gave McNeel sixty days notice of the plant closing or before the termination which is in violation of the WARN Act.
The lawsuit is seeking recovery for McNeel and other people in a similar situation in the amount of sixty days pay and ERISA benefits because of the company’s violation of McNeel’s rights under the WARN Act. For the compensation, McNeel has requested, “an allowed wage priority claim against the defendant in favor of the plaintiff and class members equal to the sum of: (a) unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, pension and 401(k) contributions and other ERISA benefits, for 60 days, that would have been covered and paid under the then applicable employee benefit plans had that coverage continued for that period.”
McNeel has also asked that the lawsuit be certified as a class action lawsuit. Trainor Glass closed in February and filed for Chapter 11 on March 9th. The lawsuit was part of the bankruptcy case.
If your company or business is closing or you have been laid off and feel that your rights were violated under the WARN Act, then you should talk to a Tennessee employment lawyer right away. They will hear your case and see to it that you get the compensation you deserve. We care about our clients and will work with you to make sure you get the compensation you are entitled to by law.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
