In spite of claiming the company was exempt from giving employees a WARN Act notification before shutting down, Falcon Transport has filed the WARN Act notice, after it closed.
Falcon Transport’s recent official notification to the Department of Job and Family Services is more like “too little too late,” according to Attorney Stuart J. Miller, who is representing abruptly severed workers in a class action lawsuit against Falcon Transport and Counterpoint Capital Partners.
The Worker Adjustment Retraining Notification Act of 1988, “offers protection to workers, their families and communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the state dislocated worker unit; and to the appropriate unit of local government.”
Falcon employees were notified late in the evening on Saturday, April 28, via email and text message that the company was closing the doors and to “stop all work” they were doing for the company, effective immediately. No previous notice or warning that the employer of more than 650 individuals was preparing to end operations was ever given, according to affected workers.
Although Falcon’s WARN letters are dated for April 27, the Department of Job and Family Services has time-stamped the notice for May 7. Attorney Miller maintains that neither date is of any consequence to the class action suit because Falcon Transport and their parent company Counterpoint Capital Partners still failed to give proper notification.
Former employees who have questions about the class action suit can contact Attorney Stephen J Miller at 212-581-5003 or through email at SJM@lankmill.com.
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