in Newswire Published on September 20, 2022

Protect My Car Laid Off Workers Without Proper Notice, Class Action Claims

Last Updated on September 30, 2022

Lamberth v. Advanced Marketing & Processing, Inc

Filed: September 19, 2022 ◆§ 8:22-cv-02167

A class action alleges Advanced Marketing & Processing, who does business as Protect My Car, failed to provide mandatory notice prior to terminating more than 50 workers.

Defendant(s)

Advanced Marketing & Processing, Inc

Law(s)

WARN Act

State(s)

Florida

A proposed class action claims that Advanced Marketing & Processing, who does business as Protect My Car, failed to provide mandatory advanced written notice prior to terminating more than 50 workers in July of this year.

The 12-page case alleges the Florida-based company violated the Worker Adjustment and Restraining Notification (WARN) Act, which requires an employer to provide at least 60 days’ advance written notice before a mass layoff or plant closing.

The WARN Act also states that if an employer cannot provide 60 days’ prior notice of termination, affected employees are entitled “as soon as practical” to a notice explaining why it did not provide 60 days’ notice.

Moreover, the case alleges Advanced Marketing & Processing illegally withheld wages and benefits from the terminated employees. Per the suit, those included in the mass layoff have “sustained damages and are facing irreparable harm.”

“The Defendant failed to pay the Plaintiff and each of the Class Members their respective wages, salary, commissions, bonuses, accrued holiday pay and accrued vacation for sixty (60) working days following their respective termination, and failed to make the pension and 401(k) contributions, provided other employee benefits under ERISA, and pay their medical expenses for sixty (60) calendar days from and after the dates of their respective termination.”

In light of these allegations, the plaintiff and similarly situated individuals seek to recover 60 days of wages and benefits, pursuant to the federal WARN Act.

In general, a company must comply with the WARN Act if it employs 100 or more full-time workers, or 100 or more workers who clock at least 4,000 hours per week, exclusive of overtime. The WARN Act also protects employees if a plant closing shuts down a facility and causes a company to lay off at least 50 full-time workers. An employer is also subject to the law if a mass layoff terminates 50 to 499 full-time workers at a single site of employment, constituting 33 percent of the total workforce

The lawsuit looks to represent anyone who was employed by Advanced Marketing & Processing facility in St. Petersburg, Florida, and was terminated without cause as part of a mass layoff or plant closing beginning in July 2022.

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