Recur Forever Laid Off Workers Without Proper Notice, Class Action Says

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A proposed class action claims Recur Forever, Inc. failed to provide at least 60 days’ advance written notice before terminating a majority of its workforce through a series of layoffs issued last year.

The 11-page case alleges that the Aventura, Florida-based company, which offers a digital platform where consumers buy and sell nonfungible tokens (NFTs), violated the federal Worker Adjustment and Retraining Notification (WARN) Act, which requires certain employers to provide at least 60 days’ advance written notice before a mass layoff.

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According to the suit, Recur Forever had approximately 300 employees before unlawfully terminating about 100 workers in June 2022 and 35 workers in September 2022. The plaintiff, a former Recur Forever employee, claims she was one of approximately 100 additional workers laid off without cause on December 7, 2022. These primarily remote workers did not receive written notice that complied with the requirements of the WARN Act, the lawsuit says.

Under the WARN Act, a mass layoff is defined as “employment loss at a single site of employment during any 30-day period for at least 33% of the active employees (excluding part-time employees) and at least 50 employees (excluding part-time employees); or at least 500 employees (excluding part-time employees),” the case relays.

A company is also obligated to comply with the WARN Act if terminations over the course of 90 days reach these threshold levels, unless the layoffs are shown to be “the result of separate and distinct actions and causes,” the filing reads.

Recur Forever also failed to provide at least 60 days’ advance written notice of the terminations to the state-dislocated worker units and the chief elected official of the units of local government in which the affected facility was located, as required by the WARN Act, the complaint contends.

According to the suit, Recur Forever owes affected individuals their respective wages, benefits and health insurance coverage they would have received for 60 days following their terminations.

The lawsuit looks to cover anyone who worked at or reported to Recur Forever’s Aventura, Florida facility and was laid off without cause as part, or as the reasonably foreseeable result, of mass layoffs ordered on or about December 7, 2022 or during the 90 days prior, and in or around June 2022.

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