Elk & Elk files class action to recover compensation, benefits for terminated Falcon Transport employees
On April 27, hundreds of employees of Youngstown-based Falcon Transport received a life-changing text message.
Falcon’s management shut down operations without warning and terminated:
- approximately 200 employees who worked at or reported to the Youngstown facility
- approximately 400 employees of other Falcon facilities
The Worker Adjustment and Retraining Notification Act (“WARN Act”) requires companies with more than 100 employees to provide 60 days advance written notice of a plant closing or mass layoff.
Falcon Transport failed to take this step, blindsiding hundreds of hardworking employees and leaving them without pay, benefits, and jobs. Many of its truckers were stranded around the country after receiving the instructions to stop working immediately.
Elk & Elk, along with Of Counsel firm Dubyak Nelson, LLC, is representing the terminated employees in a class action against Falcon Transport Co., G. D. Leasing of Indiana, Inc., Counterpoint Capital Partners, LLC, Chief Executive Officer Chris Broussard, and Chief Operating Officer Nick Schrader.
The class action also includes all truck drivers who were employed by G.D. Leasing of Indiana, Inc., a wholly owned subsidiary of Falcon Transport.
What does Falcon Transport owe the terminated employees?
Under the WARN Act, employees who weren’t given appropriate notice of a mass layoff or plant closing are entitled to 60 days of certain compensation and benefits.
We’re working to help affected Falcon Transport employees recover:
- Unpaid wages, salary, commissions, and/or bonuses
- Unreimbursed business expenses (Ex: toll amounts, ticket fees, fuel charges)
- Accrued holiday and/or vacation pay
- Health care plan contributions deducted from the employee’s pay for medical, dental and/or vision coverage that were not put toward their intended purpose
- Pension and 401(k) contributions
- Other ERISA and COBRA benefits
- Damages for breaches of fiduciary duties
- Other compensation, benefits, unreimbursed expenses, and/or damages resulting from the mass layoff/plant closing
We’re also working to prevent Falcon Transport’s management from dissolving its corporate entities, liquidating its assets, or taking other steps to avoid being held accountable.
If you’re a former employee of Falcon Transport who was affected by the recent unexpected layoffs, we can help you recover the compensation and benefits you’re owed.
Call 1-800-ELK-OHIO or fill out an online contact form for a free review of your claim.