Falcon Transport saga continues with amended class action lawsuit

By Wendy Parker, Land Line staff writer | 5/2/2019

Woes continue for Falcon Transport.

An amended version of the original filing naming Falcon Transport Co. as defendant in a class action complaint and jury demand initiated by former employees of the now-defunct trucking company now names Counterpoint Capital LLC as co-defendant in the complaint.

Attorney Stuart J. Miller of the Lankeneau & Miller law firm first filed suit on behalf of Mary Chavez, and all those similarly situated, on Monday, April 29. The lawsuit was prompted by Falcon Transport’s sudden shutdown on April 27, leaving many drivers without means to complete the loads in which they were under dispatch.

The lawsuit was amended today to include Mary Chavez and Kevin Isenberg and all others similarly situated as plaintiffs against Youngstown, Ohio-based Falcon Transport Co. and Los Angeles-based Counterpoint Capital LLC. The complaint seeks 60 days of pay and Employee Retirement Income Security Act benefits for plaintiffs, contending the defendants did not satisfy worker’s rights under the WARN Act.

The Worker Adjustment and Retraining Notification Act is a U.S. labor law requiring most employers with 100 or more employees to provide 60-calendar-day advance notification of plant closings and mass layoffs of employees.

Saturday’s sudden notification via-email for drivers to “stop all work you are doing for the company immediately” was quickly followed by fuel cards being shut off and terminal access key cards being de-activated.

Former employees report being paid for the week preceding shutdown, and they have been issued pay stubs indicating payroll will be met for tomorrow’s anticipated deposit.

Former Falcon Transport Co. employees who wish to join the class action lawsuit can contact attorney Stuart J. Miller via email at SJM@lankmill.com or through his office at 212-581-5003.



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