Fluor Corporation, Others Rob Laid-Off Employees of Wages and Benefits, Lawsuit Claims [UPDATE]
by Erin Shaak
Last Updated on January 27, 2022
Pennington v. Fluor Corporation et al.
Filed: August 8, 2017 ◆§ 0:17-cv-02094-JMC
Fluor Corporation, subsidiary Fluor Enterprises, Inc. and SCANA Corporation are facing claims that they violated the WARN Act by failing to provide proper notification of termination to approximately 5,000 employees who were laid off on July 31, 2017.
South Carolina
Case Updates
January 27, 2022 – Case Dismissed, Decision Upheld by Appeals Court
The proposed class action detailed on this page was dismissed on January 6, 2021 after U.S. District Judge J. Michelle Childs granted summary judgment in favor of Fluor and SCANA Corporation.
Although the dismissal was appealed, the Fourth Circuit Court of Appeals, affirming the judgment entered by the lower court, declined to bring the lawsuit back to life in late November 2021.
“We do not discount for a moment the loss and dislocation caused by layoffs and plant closings,” the three-judge panel wrote in a 20-page opinion. “The WARN Act takes a large step in mitigating those difficulties. The scheme constructed by Congress reflects a sensitive balance of the competing interests at issue. The trial court was careful to respect that balance, and we in turn are pleased to affirm its judgment.”
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Fluor Corporation, subsidiary Fluor Enterprises, Inc. and SCANA Corporation are facing claims that they violated the Worker Adjustment and Retraining Notification Act (WARN Act) by failing to provide proper notification of termination to approximately 5,000 employees who were laid off on July 31, 2017 without any advanced notice or cause.
The suit alleges that under federal law, employees who are part of a mass layoff are entitled to 60 days’ written notice prior to being terminated. According to the complaint, the defendants provided no notice to the thousands of employees who were let go from their jobs at the VC Summer Nuclear Station in late July.
The plaintiff seeks 60 days’ worth of wages and benefits that the defendants failed to pay to proposed class members as a result of their alleged misconduct.
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