Fanatics Class Action Arises over Mass Layoff Laws
Fanatics have been filed with a class action lawsuit in the Florida federal court by a former employee for violating mass layoff laws.
The lawsuit alleges that the company violated the Worker Adjustment and Retraining Notification Act (WARN Act) when it terminated its employees without proper legal written warning or advance notice. The mass layoff deprived the employees time to transition and adjust to losing their jobs and looking for alternative employment or skills training.
You can find the case here: Olga Calero v. Fanatics Inc., et al., Case No. 8:20-cv-02114, M.D. FA.
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The Mass Layoff Violation
The class action claims that Fanatics did not provide their employees with the required 60 days’ advance written notice before termination. According to the lawsuit, “Due to COVID-19, Defendants will likely claim exemption from this requirement under the ‘unforeseeable business circumstance’ exception of the WARN Act. Yet, the WARN Act still mandates that the defendants were to give as much notice as practicable, and Fanatics failed to do so here, giving [Calero] only four days’ advance written notice of her termination.”
The crucial date explained in the WARN Act is “the date when a mass layoff is ‘reasonably foreseeable.’” The problem began when the company instituted furloughs around March 20 and, through various emails, communicated with the employees that they would soon be able to return to work. This caused employees not to seek alternative employment, assuming that they will be called back to work.
A notice was sent on August 24, effective 4 days after, and had no mention of “the name and address of the employment site where the plant closing or mass layoff will occur,” nor a phone number for a company official that could be contacted for further information.
The lawsuit states that “Not only that, but the notice also fails to include a specific ‘…statement as to whether the planned action is expected to be permanent or temporary and, if the entire plant is to be closed, a statement to that effect.’”
Editor’s note on the Fanatics Class Action Lawsuit:
This piece is written about the recent Fanatics Class Action. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.
If you believe that what is alleged in the Fanatics Class Action has affected you, please don’t hesitate to reach out to us.
We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join in on any potential consumer class action. If interested, please send an email to Outreach@ConsiderTheConsumer.com, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.
Similarly, please check out our current list of Class Actions and Class Action Investigations, here.
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