We recently reached a settlement of our WARN Act class action lawsuit against Sungevity, Inc., (“Sungevity”) which was filed in March 2017 in the United States Bankruptcy Court for the District of Delaware. 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 will be deducted. The balance of the settlement will be distributed to the members of the certified class on a pro rata basis.
For eligible class members to receive their settlement share, they will need to provide current addresses and completed W9 tax forms. Given the passage of time, we assume many class members have moved. If you have moved, we will use the address you list in your W9 as your current home address.
We have a list of class members who we have been unable to reach and who are eligible to receive a distribution from the settlement. For more information, or to find out if you are one of those class members, please contact us.
We are unable to issue settlement checks to an individual class member without a completed W9 tax form. Please contact us to receive instructions on completing and providing a W9 tax form.
The settlement administrator mailed the first batch of settlement checks, to 141 class members, on May 28, 2024. As more W9 information is received from class members, the settlement administrator will continue to issue settlement checks to additional class members.
PREVIOUS UPDATE
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 contend Sungevity ordered mass layoffs on or about March 9, 2017, without providing its employees with 60 days’ advance written notice. The case is pending in the United States Bankruptcy Court for the District of Delaware.
WARN ACT – 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 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.
If you have any questions regarding this matter or to update your address, email address, and/or telephone number, please contact us.