Case 20-10080-BLS
Doc 5
Filed 01/16/20
Page 6 of 15
personnel policies which were put into place by Clio Holdings through Clio Intermediate
including payment of wages, as well as a common health care plan all of which was
carried out by Clio Holdings through Clio Intermediate.
(g) Upon information and belief, at all relevant times, management-level
personnel at the USM, TMA, Premier, Granite and Solid were hired by Clio Holdings
through Clio Intermediate.
(h) Upon information and belief, the decision to order a mass layoff and/or plant
closing without providing a WARN notice was made by Clio Holdings through Clio
Intermediate on behalf of USM, TMA, Premier, Granite and Solid.
De Facto Control
(i) Upon information and belief, at all relevant times, Clio Holdings through Clio
Intermediate maintained sole control over all critical business decisions made on behalf
of USM, TMA, Premier, Granite and Solid, including decisions relating to Plaintiffs’ and
the Class’ employment and specifically, the decision to shut down the Facilities without
providing WARN notice.
(j) The purported notice provided to employees in connection with the mass
layoff and/or plant closure was sent by Brian Crane, Corporate Controller at Clio
Holdings and it states, “The Board and Management have decided that Premier Surfaces
and US Marble will be shut down.”
(k) Upon information and belief, at all relevant times, all management-level
personnel hiring and firing at USM, TMA, Premier, Granite and Solid were conducted by
Clio Holdings through Clio Intermediate.
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