Klehr Harrison Files Class Action WARN Act Lawsuit Against Hostess

      Klehr Harrison Files Class Action WARN Act Lawsuit Against Hostess

PR Newswire

PHILADELPHIA, Nov. 21, 2012

PHILADELPHIA, Nov. 21, 2012 /PRNewswire/ -- A former employee, Mark Popovich,
filed for damages on behalf of himself and all employees laid off by Hostess
as a result of its proposed liquidation, which was preliminarily approved by
the bankruptcy court earlier today.  Mr. Popovich worked in Hostess's Toledo,
Ohio facility. 

Hostess indicated in court that it would be laying off 15,000 today.  The
company said the reason for the shutdown and liquidation was because of losses
suffered as a result of a strike by the Bakers Union, which began on November
9, 2012.   Hostess believes that event plus the fact it issued multiple
notices throughout 2012 are sufficient to excuse it from WARN Act liability. 

Failure to give sixty (60) days advance notice violates the federal Worker
Adjustment and Retraining Notification Act ("WARN Act").  Some of the states
where Hostess employees had facilities have their own WARN Acts and the
Complaint says Popovich intends to add those claims later. 

"We believe Hostess violated the federal WARN Act as well as state laws. 
These employees deserved better," said Charles A. Ercole, who filed the
Complaint for Mr. Popovich.

Klehr Harrison is a full service law firm with its primary office in
Philadelphia.  Mr. Ercole is Chair of the Labor and Employment practice group
and has had significant recoveries for employees  in numerous other WARN Act
cases including $35 million for 2200 former employees of Qimonda North
America; $6.775 million for 1900 former employees of USF Red Star; and $4.0
million for 550 former employees of Arrow Trucking.

Co-counsel on the case is the Dallas, Texas, firm of  Simon, Ray & Winikka.

 

 

 

SOURCE Klehr Harrison Harvey Branzburg, LLP

Contact: Charles A. Ercole, Esq, +1-215-569-4282, cercole@klehr.com