Philadelphia Energy Solutions Mass Layoff/WARN Act Violations– Class Action Investigation
CSK&D is investigating reports that, following explosions and a devastating fire at its Girard Point refinery complex location in South Philadelphia in June 2019, Philadelphia Energy Solutions (“PES”) has indicated that it will soon close the plant resulting in the layoff of roughly 1,000 plant employees in the process. PES’ decision to terminate these employees has been called a “disgrace” by the workers union, but, more importantly, the closure may violate the federal Workers Adjustment and Retraining Notification Act (“WARN Act”). According to one report, Philadelphia Mayor Jim Kenney responded to this news with the following statement: “I’m extremely disappointed for the more than one thousand workers who will be immediately impacted by this closure, as well as other businesses that are dependent on the refinery operations.”
The WARN Act requires certain employers to provide 60 calendar-day advance notification of plant closings and mass layoffs of employees. A covered employer’s failure to provide the required 60-day notice of a mass layoff under the WARN Act can result in an employer being obligated to pay back pay and benefits for each day of the violation.
If you are employed at the PES’ South Philadelphia plant location and are facing a layoff due to the plant closing, please contact the attorneys below to discuss this investigation.