James v. Bulk Lift Int’l, Inc.

No. 7-94-CIV-77-F-2 (E.D.N.C. Apr. 3, 1995) ; Clearinghouse Number: 50717

Description

Challenge to Employer’s Failure to Give Employees Notice Prior to Closing Plant Is Settled

Abstract

The parties have settled this class action challenging defendant employer’s failure to give plaintiff former employees 60 days’ notice prior to closing the plant. Plaintiffs alleged that defendant failed to notify them before closing the plant, in violation of the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et seq. In its motion to dismiss, defendant argued that all of the employees had been discharged for cause and therefore had not suffered any “employment loss” as defined at 29 U.S.C. § 2101(a)(6). The court found that defendant’s argument might be appropriate on a motion for summary judgment after adequate time for discovery, but that it was outside the scope of a Rule 12(b)(6) motion to dismiss. Accordingly, the court denied defendant’s motion and granted plaintiffs’ motion to certify a class of 76 former employees. Subsequently, the parties settled. Defendant agreed to pay plaintiffs approximately $72,000 in back pay and $5,000 in attorney fees.

Additional Information

Attorney Information
Plaintiffs represented by Richard Klein, Mark Hogan, Legal Services of the Lower Cape Fear, 106 Market St., P.O. Box 814, Wilmington, NC 28402-0814, (910) 763-6207.
Docket Date
1995-04-03 00:00:00+00:00