Class Action Claims Suniva Terminations Violated WARN Act Requirements

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Through a proposed class action against defendant Suniva, Inc., a Georgia man seeks to recover allegedly unpaid wages and 60 days of Worker Adjustment and Retraining Notification Act (WARN Act) benefits he and nearly 200 proposed class members are owed after they were terminated without cause as part of a planting closing on March 1, 2017.

The WARN Act of 1988 entitles workers employed by companies who fit certain criteria to receive 60 days advance written notice before being subject to an order of termination.

According to the lawsuit, the defendant provided no warning to workers at its Georgia and Michigan facilities before ordering their terminations, and therefore owes the individuals 60 days of pay, bonuses, accrued holiday pay, accrued vacation time, and any 401(k) contributions, ERISA benefits, and insurance coverage for that time.