Case 20-10080-BLS
(l)
Doc 5
Filed 01/16/20
Page 7 of 15
Upon information and belief, the decision to shut down the Facilities without
providing proper WARN notice was made by Clio Holdings through Clio Intermediate
on behalf of USM, TMA, Premier, Granite and Solid all as a single employer.
CLASS ACTION ALLEGATIONS 29 U.S.C. § 2104
17.
The Plaintiffs and each person they seek to represent herein, were discharged
on or about January 3, 2020 and thereafter without cause on his or her part and are "affected
employees" within the meaning of 29 U.S.C. § 2101(a)(5).
18.
The Plaintiffs bring this action on their own behalf and, pursuant to the
WARN Act, and Rules 7023(a) and (b)(3) of the Federal Rules of Bankruptcy and Rules 23(a) and
(b) of the Federal Rules of Civil Procedure, on behalf of all other similarly situated former
employees of Defendants who were terminated on or about January 3, 2020 and thereafter, who
worked at or reported to the Facilities until their terminations.
19.
On or about January 3, 2020 and thereafter, Defendants terminated the
Plaintiffs’ employment as part of a mass layoff and/or plant closing which qualifies as an event for
which they were entitled to receive to sixty (60) days' advance written notice under the WARN Act.
20.
Defendants as a single employer never gave Plaintiffs the statutorily required
sixty (60) days advance written notice of the mass layoff and/or plant closing in violation of the
WARN Act.
21.
At or about the time that the Plaintiffs were discharged on or about January 3,
2020 and thereafter, Defendants discharged approximately 1100 other employees at the Facilities
(the "Other Similarly Situated Former Employees") without cause on their part.
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