do you know of any lawyers in the Dayton, OH area who would handle a case dealing with the WARN ACT- My husband worked for Consolidated freightways and him and several others workers would like to know if they have a case against the company since there were no notice of closing the company and filing for bankruptcy.

1 answer  |  asked Sep 6, 2002 09:41 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You need a bankruptcy lawyer

Unless CF can prevail on the "distressed business" defense, your husband and his co-workers probably have a valid WARN claim. However, WARN allows CF employees to pursue a class action. The class would probably cover all CF employees in the U.S. I suspect that somewhere in the U.S., probably Washington, someone has or will file a class action on behalf of all CF employees, which is a suit that would probably cover your husband.

If he is in the union, check with the union, as they may also file a WARN action and would most likely know if such a suit has been filed. In other words, I am pretty sure that it will not be necessary to file a separate action in Dayton.

The problem is that CF is liquidating. A WARN claimant is an unsecured creditor in the bankruptcy action. Thus, while you may have a claim, it may not be worth anything or will be worth pennies on the dollar.

I feel for what has happened to your family. We represented a CF employee in Akron. CF was, in my opinion, a rough employer that did not have its employee's interests at heart. This filing, without any notice and despite the union's willingness to make concessions, was despicable.

I wish you the best.

Neil Klingshirn

posted by Neil Klingshirn  |  Sep 10, 2002 09:26 AM [EST]

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