UPDATE 08/08/2023
Raisner Roupinian LLP filed a class action complaint on August 1, 2023, in the United States District Court for the District of Delaware against Yellow Corporation, YRC Inc. (d/b/a YRC Freight), USF Holland LLC, New Penn Motor Express LLC, and USF Reddaway Inc., (collectively, “Yellow” or “Defendants”) seeking to recover 60 days’ wages and benefits for terminated employees under the Worker Adjustment and Retraining Notification (“WARN”) Act, California Labor Code (“CAL-WARN Act”), and the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (“New Jersey WARN Act”).
Additionally, a claim was brought of one week’s pay for every year of service, plus four weeks’ mandatory severance pay for terminated New Jersey employees under the New Jersey WARN Act.
On August 7, 2023, Yellow Corporation, YRC Inc. (d/b/a YRC Freight), USF Holland LLC, New Penn Motor Express LLC, and USF Reddaway Inc., (collectively, “Yellow” or “Defendants”) filed for chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware. In response, on August 8, 2023, we transferred our class action to the Delaware Bankruptcy Court where it is currently pending.
We contend the Defendants ordered mass layoffs on or about July 28, 2023, and within 30 days of that date, without providing 60 days’ written notice as required by the federal and California WARN Acts, and 90 days’ notice as required by New Jersey WARN Act.
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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