Dec. 22nd 2009 Arrow Trucking a Tulsa, Oklahoma based trucking company “suspended operations” stranding drivers all over the US, without a way for them to get home or even telling them.
Charles A. Ercole an attorney with Klehr Harrison Harvey Branzburg LLP located in Philadelphia, PA. filed the suit on behalf of employees at Arrow Trucking.
The complaint that led up to the suit being filed contained allegations that Arrow Trucking was in violation of the Worker’s Adjustment, and Retraining Notification Act (the “WARN Act”), as well as state wage payment laws.
A company must give a 60 day notice when a “major” layoff is given or the company is closing. This way workers would have had a chance to seek other employment or at least been home. The complaint goes on to say that Arrow Trucking was withholding premium payments for health insurance from employee checks, but not forwarding it to the provider. It also states that Arrow Trucking was bouncing the payroll checks for its employees. And lastly Arrow Trucking failed to provide a way to get fuel so hundreds of drivers could either get home or back to a terminal.
Charles A. Ercole is head of the labor and employment practice of the law firm Klehr Harrison Harvey Branzburg LLP. His group has pursued WARN Act cases in various industries including trucking/transportation. For example, in the USF Red Star case (MDL 1655)(E.D. Pa., 2004), he was the lead counsel in recovering $7 million dollars for over 1900 truck drivers when they were laid off without notice.
In a press release Charles A. Ercole stated: “This is the most egregious violation of the WARN Act and state wage payment laws that I have seen in my practice.” He went on to say: “The hardship imposed on these employees is outrageous and we intend to vigorously prosecute this action.”
Based on a preliminary investigation the class action lawsuit could reach as much as 15 million dollars.
For more information:
Class Action Lawsuit Filed
Complaint against Arrow Trucking and Douglas Pielsticker
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sorry to hear about the drivers to loss their jobs