WARN Act Class Action Claims Response Marketing Failed to Provide Proper Notice Before Mass Layoff

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Response Marketing Group, LLC faces a proposed class action out of Utah that claims the financial education company failed to follow Worker Adjustment and Retraining Notification Act (WARN) regulations when it laid off hundreds of workers in November 2019.

Under the WARN Act, companies with 100 or more full time employees are required to give workers written notice at least 60 days in advance of a mass layoff or plant closure, the case explains. Moreover, the WARN Act, the suit adds, entitles employees to all wages, salary, commissions, bonuses, accrued holiday and vacation pay, 401(k) contributions and health insurance coverage for 60 days following their termination if they are not given this notice.

According to the complaint, the lead plaintiff worked at the defendant’s Lindon, Utah facility until November 5, 2019, when he was terminated along with approximately 600 coworkers as part of a mass layoff. The plaintiff claims he was terminated without cause and did not receive a WARN Act-compliant written notice from Response Marketing before his termination.

The lawsuit looks to represent a class of all employees who worked at the defendant’s Lindon facility and were terminated as part of a mass layoff on or about November 5, 2019. The suit requests statutory damages under the WARN Act equal to the sum of unpaid wages and benefits that class members would have otherwise received over a 60-day period had they not been terminated, plus interest as allowed by law.