Rather than reading all the comments again, figure I would just start a new thread. Is there already a class action lawsuit for staff members who haven't been paid and for benefits not received?
9 replies (most recent on top)
Yes! Please file a class action lawsuit. I'm sure there are plenty of lawyers looking to fatten their pockets while you get fractions of whatever is owed to you. You'd get more from dumpster diving.
1bdt- You don’t know what you are talking about. I am an attorney and almost every sentence in your post is false but “courts kinda already know about it by now” is exceedingly ignorant. Courts rely on filed documents called “ pleadings” to learn the facts of cases. I literally practice every day in front of judges with full dockets who review the petitions as I am making oral arguments. WARN cases are nothing like personal injury cases and remedies vary widely depending on the facts and the laws of various states. And I’m sure you learned about “ punitive damages” in your “dang business law class” or do you just pretend knowledge when you are “blissfully ignorant”?
1oig: and you know what every lawyer says: 'we have a case'! WARN cases are like accidents, 100's of lawyers will take it in the hopes it pays out for the little paperwork they will process. Like accidents you will likely get LESS then you are actually out in pay because hes going to take 1/3 of anything anyways...and do you really think your going to win anything above and beyond labor? Oh and whistler, um guess what you kinda have to whistle before or while its happening, courts kinda already know about it by now so your not a whistleblower your just a witness.
Should have taken one of those dang business law classes while you had a chance for free. However, blissful ignorance is nice as well.
1uwm Class or whistle blowers only takes courage. We support you 100%.
I would definitely look into filing a suit for sure. In some states, California being one, if a claim from an employee is filed the company can not discharge the debt of back wages and benefits in the bankruptcy. I would definitely look into it because ever state is different and because no one on here is a lawyer. I myself have signed with a lawyer to file a suit for violation of the WARN Act. Everyone on here said it was a waste of time because of the receivership but I choose to get legal advise and they seem very confident in the case. Good luck in whatever you decide and best wishes in your future!
At this point you’d have more luck recovering toilet paper from the Titanic than your “paycheck and benefits” from DCEH. I wish you the best of luck though...
Even if you win the lawsuit, post Ch 7 you'll be behind the secureds. Spending a bunch of money to be at the back of the line is pretty pointless. Inability to pay judgments is one of the big reasons companies declare bankruptcy in the first place, and it's a mystery why DCEH isn't there already except for incompetence in the part of various parties.
So do it now. You should not wait on others. They will join. You can also be a whistle blower which protects you. I’m wishing you all the best.
Seems pretty moot. It'll almost certainly declare bankruptcy within weeks if not hours and days.