Former Falcon Transport Co. Employee Files Lawsuit Against Company
Youngstown, Ohio – The first of likely numerous lawsuits has been filed against Falcon Transport Co. on behalf of a former employee and former employees “similarly situated,” after the Youngstown, Ohio-based trucking company abruptly ceased operations on Saturday.
Former Falcon Transport Co. employee, Mary Chavez, filed a civil action complaint against her former company on Monday in U.S. District Court.
The suit alleges Falcon violated the Worker Adjustment and Retraining Notification (WARN) Act.
The plaintiff argues the WARN Act requires company’s that employ at least 100 workers who put in at least 4,000 hours of aggregate labor per week to provide 60 days written notice of mass layoffs.
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Further, the suit alleges the WARN Act provides that affected workers must be compensated unpaid wages and benefits for 60 calendar days.
Chavez’s complaint alleges she was never provided notice of such terminations nor offered 60 days of compensation.
Chavez is asking for a judgement to award herself and other “similarly situated” former employees,
“an amount equal to the sum of: unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay pension and 401(k) contributions and other ERISA benefits that would have been covered and paid under the then applicable employee benefit plans had that coverage continued for that period, for sixty (60) working days following the member employee’s termination, all determined in accordance with the WARN Act.”
Further, Chavez and her legal counsel are asking the court to declare the complaint a “class action” in order to allow other former Falcon colleagues to join.
Falcon has yet to respond to the suit.
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