Gale Healthcare Solutions Owed 60 Days’ Advance Notice Before Layoffs, Class Action Says

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A proposed class action alleges Gale Healthcare Solutions failed to provide proper advance notice before laying off roughly 300 employees in early September 2023.

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The 11-page case claims the Tampa, Florida-based nursing technology and staffing company ran afoul of the federal Worker Adjustment and Retraining Notification (WARN) Act when it failed to provide at least 60 days’ advance written notice before executing a “mass layoff.” The firings came amid a corporate “realignment,” according to media reports. 

Per the case, though the WARN Act provides an exception to the 60-day notice requirement if the mass layoff is caused by business circumstances that were “not reasonably foreseeable,” the defendant still failed to provide “as much notice as is practicable,” as required by the statute. 

“In fact, Defendant [provided] Plaintiffs with zero days advance notice,” the case says.

The plaintiff, a remote worker, claims to have learned that she and hundreds of others were laid off by Gale, effective immediately, on September 5. The lawsuit says that the only semblance of a written notice affected employees received was with regard to a severance package, for which Gale offered “nominal amounts.” 

The severance package communication lacked the name and address of the employment site where the layoff would occur, the contact information for a company official, a statement concerning whether the planned action is permanent or temporary, and other details required by law, the filing claims. 

“The severance package written notice the Plaintiffs received from Defendant as to their termination contained none of the above,” the suit says. “Thus, to date Plaintiffs have never received a compliant WARN Act notice.” 

In addition to 60 days’ advance notice of the layoffs, Gale Healthcare Solutions also owed affected employees wages, health benefits and commissions for that amount of time, the filing adds. 

The case states that Gale Healthcare Solutions was subject to WARN Act requirements in that it employed 100 or more people, exclusive of part-time workers, who worked in aggregate at least 4,000 non-overtime hours per week. 

The lawsuit looks to cover all former Gale Healthcare Solutions employees in the United States who were not given a minimum of 60 days’ written notice of termination and whose employment was terminated on or about September 5, 2023, or within 30 days of that date, as a result of a mass layoff. 

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