Case 20-10080-BLS
Doc 5
Filed 01/16/20
Page 11 of 15
Defendants to each Class member at the time of his/her termination are contained in the books and
records of Defendants.
46.
As a result of Defendants’ violation of the WARN Act, the Plaintiffs and the other
members of the Class have been damaged in amounts equal to the sum of: (a) their respective lost
wages, salaries, commissions, bonuses, accrued holiday pay, accrued vacation pay, 401(k)
contributions for sixty (60) days; (b) the health and medical insurance and other fringe benefits that
they would have received or had the benefit of receiving, for a period of sixty (60) days after the
dates of their respective terminations; and (c) medical expenses incurred during such period by such
persons that would have been covered and paid under the then applicable employee benefit plans had
that coverage continued for that period.
THE CLAIM FOR RELIEF
47.
At all relevant times, the Defendants employed 100 or more employees (exclusive of
part-time employees, i.e., those employees who had worked fewer than 6 of the 12 months prior to
the date notice was required to be given or who had worked fewer than an average of 20 hours per
week during the 60 day period prior to the date notice was required to be given (the “Part-Time
Employees”)), or employed 100 or more employees who in the aggregate worked at least 4,000 hours
per week exclusive of hours of overtime within the United States.
48.
At all relevant times, each Defendant was an “employer,” as that term is defined in
the WARN Act and continued to operate as a business until it determined to order a mass layoff
and/or plant closing at the Facilities.
49.
On or about January 3, 2020 and thereafter the Defendants as a single employer
ordered a “mass layoff” and/or “plant closing” at the Facilities, as that term is defined by the WARN
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