Charles A. Ercole, Esquire 215.569.4282
Lee D. Moylan, Esquire 215.569.4140
Pamela McCarthy 215.569.2297
FOR IMMEDIATE RELEASE – September 25, 2013
On Tuesday, September 24, 2013, former employees of Premium Protein Products filed a motion to seek court approval of a proposed $1.2 million settlement for claims brought under the Worker Adjustment and Retraining Notification Act (WARN Act). The former employees alleged that the WARN Act was violated when they were “furloughed” and later permanently terminated from their jobs at two Premium plants in Nebraska, without proper WARN notice (on June 10, 2009 and November 9, 2009, respectively).
The Motion seeks preliminary approval of the settlement agreement and the form Notice to all former employees who may be entitled to a distribution (the filed documents can be accessed by clicking on the link directly below). If the Motion is granted soon, a Final Fairness hearing could be set before year-end and distributions could occur in early 2014.
Charles A. Ercole, a partner with the law firm of Klehr Harrison Harvey Branzburg LLP, said that he and his colleague, Lee D. Moylan, were very pleased with the settlement, “It is a good result and well-deserved for these employees after being suddenly laid-off over four years ago. The litigation was very hard fought and difficult.”
Klehr Harrison pursued the class action initially in the bankruptcy court but, when Premium was discharged without making any payment to its former employees, WARN Act claims in federal court against entities allegedly related to Premium. Those defendants are funding the settlement despite denying all liability.