Labor

NationsBenefits Class Action for WARN Act Violations

Updated on
Published on
NationsBenefits Class Action for WARN Act Violations

In a recent development, a class action lawsuit has been filed by Simeon Stewart on behalf of himself and approximately 300 other former employees against NationsBenefits, LLC, a Florida-based company that provides supplemental benefits and healthcare solutions. The lawsuit alleges that the defendant violated the Worker Adjustment and Retraining Notification Act (WARN Act) by terminating the plaintiffs without cause and without the required 60 days' advance written notice.

Is the WARN Act Relevant?

The WARN Act is a federal law that requires employers to provide employees with a 60-day notice in the event of a mass layoff or plant closing. This law is designed to protect workers and their families by giving them time to adjust to the impending job loss, seek and obtain alternate jobs, or enter skill training programs if necessary.

However, the WARN Act does have exceptions. One such exception is the 'unforeseeable business circumstances' clause, which may be invoked by employers in situations of sudden and dramatic economic downturns. But even in such cases, the employer is still required to provide as much notice as is practicable.

What Led to the Filing of the Lawsuit?

According to the lawsuit, the plaintiffs were terminated without cause on or about May 15, 2023, or within 30 days thereof, as part of a mass layoff or plant closing by the defendant. The defendant allegedly failed to provide the plaintiffs with the required 60 days' advance written notice as mandated by the WARN Act. This, the plaintiffs argue, deprived them of the opportunity to adjust to the loss of employment, seek alternative jobs, or undergo skill training.

The lawsuit also points out that despite the defendant's recent acquisitions of other companies, suggesting a strong financial position, they failed to comply with the WARN Act's notice requirements, which the plaintiffs find particularly egregious.

Who Are the Class Members?

The named plaintiff, Simeon Stewart, was an employee of the defendant based in Plantation, Florida. The lawsuit seeks to certify a nationwide class action for all former employees of the defendant who were terminated without a minimum of 60 days' written notice as a result of a mass layoff or plant closing on or about May 15, 2023, or within 30 days thereof. The putative class members are estimated to be around 300 individuals.

The named plaintiff's claims are typical of the class members, and a class action is considered the most efficient means of resolving the WARN Act rights of all putative class members.

What Damages Are Being Sought?

The named plaintiff demands judgment in favor of the class members for wages, benefits, and medical expenses incurred during the 60-day period following their terminations. The lawsuit does not specify a dollar amount, but given the number of plaintiffs involved, the total damages could easily exceed five million dollars.

In addition to the above, the named plaintiff also seeks the appointment of the named plaintiff as class representative and the undersigned counsel as class counsel. The lawsuit also requests reasonable attorneys' fees, costs, and interest allowed by law.

What's Next?

The lawsuit was filed on June 23, 2023, in the Southern District of Florida. The court has jurisdiction over the case, and venue is proper in the Southern District of Florida. It remains to be seen how the defendant will respond to these allegations. If the case proceeds, it could have significant implications for the defendant and other employers who fail to comply with the WARN Act's notice requirements.

However, it's important to remember that these are allegations and the case has not yet been decided. The defendant may have defenses available to them, and the court will ultimately decide the merits of the case based on the evidence presented.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    0:23-cv-61199
  • Filing Date:
    June 23, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Florida
  • Court:
    Florida Southern District
  • Plaintiff:
    Simeon Stewart
  • Defendant:
    NationsBenefits, LLC
  • Plaintiff Firm:
    Wenzel Fenton Cabassa, P.A.
  • Defendant Firm:
  • Claims Administrator:
Contributors
Will Gendron
Will Gendron
Editor in Chief
Weekly newsletter

Stay up to date with new class action settlements you may join.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Complaint

This browser does not support inline PDFs. Please download the PDF to view it: Download PDF

Related class action lawsuits

Read more to get notified about updates to each case.

FedEx Faces Lawsuit Over Alleged Underpayment of Pension Benefits
Labor

FedEx Faces Lawsuit Over Alleged Underpayment of Pension Benefits

FedEx is accused in a lawsuit of underpaying pension benefits in violation of ERISA. The plaintiffs allege the company used outdated actuarial assumptions.
Quik Stop Faces Multi-Million Dollar Lawsuit Over Alleged California Labor Law Violations
Labor

Quik Stop Faces Multi-Million Dollar Lawsuit Over Alleged California Labor Law Violations

Former employee Rickey Lartigue alleges Quik Stop and other retail giants violated multiple labor laws, leading to unpaid wages and overworked employees.
Guitar Center Faces Class-Action Lawsuit Over Alleged Labor Violations
Labor

Guitar Center Faces Class-Action Lawsuit Over Alleged Labor Violations

Guitar Center Stores, Inc. is facing a class-action lawsuit over alleged wage and hour violations, non-reimbursement of expenses, and failure to provide accurate wage statements.
Lowe's Faces Multi-Million Dollar Lawsuit Over Alleged Labor Law Violations
Labor

Lowe's Faces Multi-Million Dollar Lawsuit Over Alleged Labor Law Violations

Lowe's is facing a lawsuit alleging violations of California labor laws, including unpaid wages and failure to provide meal and rest periods.
Dignity Health Faces Labor Law Violations Lawsuit Seeking Unpaid Wages and Penalties
Labor

Dignity Health Faces Labor Law Violations Lawsuit Seeking Unpaid Wages and Penalties

Joe Carinci alleges Dignity Health violated California labor laws, including failure to pay wages and provide meal and rest breaks.
FirstAmerica Automotive Faces Lawsuit Over Alleged Discrimination and Labor Violations
Labor

FirstAmerica Automotive Faces Lawsuit Over Alleged Discrimination and Labor Violations

James Zheng has filed a lawsuit against FirstAmerica Automotive, alleging racial discrimination, labor law violations, and unfair business practices.
Golftec Management Faces $5M Class Action Lawsuit Over Alleged Labor Violations
Labor

Golftec Management Faces $5M Class Action Lawsuit Over Alleged Labor Violations

Golftec Management is facing a class action lawsuit over alleged labor law violations, including failure to pay minimum and overtime wages. These are allegations.
NationsBenefits Class Action for WARN Act Violations
Labor

NationsBenefits Class Action for WARN Act Violations

Class action lawsuit alleges NationsBenefits, LLC violated the WARN Act by terminating employees without required 60 days' notice.
Dish Network Class Action for Alleged Labor Law Violations
Labor

Dish Network Class Action for Alleged Labor Law Violations

Carlos Paredes has filed a lawsuit against Dish Network L.L.C., alleging violations of California labor laws. The case seeks at least $5 million in damages.
Amazon Faces $20M Class Action - Unpaid Wages & Labor Code Violations
Labor

Amazon Faces $20M Class Action - Unpaid Wages & Labor Code Violations

Lawsuit alleges Amazon.com Services violated California Labor Code, affecting over 2,000 employees.