Class Action Lawsuit – Update

I know things have been kind of quiet here especially for those of us who were terminated via e-mail on Friday, October 10th.  I did want to give an update on the class action lawsuit issue since your cruise director does receive many emails each day concerning this.

I was waiting to post so that I could hear from enough readers and former passengers of the S.S. Heller Ehrman to see if people are filing wage claims, etc.  Also, as most of us expect to hear about another round of terminations coming this Friday, October 17th, I wanted to see exactly how soon to proceed.

We have different scenarios to pursue and I say this only because a recent article discussed a class action lawsuit letter sent to several Hellerites from the firm of Nicholas Kaster LLP, Attorneys At Law (see http://legalpad.typepad.com/my_weblog/2008/10/heller-staffers.html).  I do not know if anyone has contacted the Kaster firm or not.

Please use the poll below to express your opinion and please make a comment as well.  I am trying my best to not to help steer the group in the best direction, but I also like hearing all sides of an argument.  I realise that if we do file, not everyone will participate.   

Over and out.

Heller Drone
Cruise Director 

Poll: File suit now or wait?

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10 Responses to “Class Action Lawsuit – Update”


  1. 1 Anonymous 15 October 2008 at 6:01 pm

    Hellerdrone,

    Can we speak off the record? Not sure, if you can see my email when I post this or not. If so, please contact me.

    Thanks.

  2. 2 Anon 15 October 2008 at 6:03 pm

    I think that you need some more detail about what claims the lawsuit would be based on before people can make an informed decision. Specifically, would this be solely based on WARN Act violations, or would it also involve wages and/or vacation pay. If vacation pay/wages are included, I would say that, at a minimum, you should wait to file until 30 days after termination of as large a group of employees as possible (so at least 30 days from this Friday, for example). Waiting time penalties stop accruing when a lawsuit is filed, and losing the 30 days of waiting time penalties would substantially decrease the value of everyone’s claims, perhaps as much as cutting the claims in half.

  3. 3 Anonymous 15 October 2008 at 6:03 pm

    Hellerdrone,

    Can we speak off the record? Not sure, if you can see my email when I post this or not. If so, please contact me.

    Thanks.

  4. 4 Ex-Hellerite 15 October 2008 at 6:28 pm

    I think Anon has a good point.

  5. 5 Anon2 15 October 2008 at 6:53 pm

    Yes, Anon, is correct. Please wait 30 days after your termination date to file for unpaid vacation. You will be able to receive interest and penalties on top of your unpaid vacation. I also heard that termination letters are being typed up as we speak for all the remaining Heller employees and Friday 17th will be the last day for everyone. Don’t know if the letters are coming to us by email, regular mail, fed ex, or what, but the ink is drying.

  6. 6 Anon 15 October 2008 at 10:01 pm

    One clarification–there is no harm in filing a wage claim with the DLSE right away, because waiting time penalties continue to accrue even with a pending wage claim. But a lawsuit stops the accrual, so any lawsuit should wait until the 30 days have passed.

  7. 7 Question 15 October 2008 at 11:23 pm

    Sorta off-topic, but did Heller pay all current wages due (other than vacation) to the folks let go via email last Friday?

    Specifically, was the extra week that everyone had saved up since payroll is off by 1 week included in people’s final paychecks?

    P.S. Thanks to Heller Drone and everyone who has posted on here for helping to get true information out.

  8. 8 hellerdrone 16 October 2008 at 5:13 am

    I can’t speak for everyone as to whether or not they got paid for the week’s wages that are normally held back. We all were paid on 10/10/2008 for work through Sunday 10/5/2008. So most of us were still owed wages for 10/6 – 10/10. I have not heard from anyone that they received payment in the mail or by messenger this week.

    Heller Drone
    Cruise Director

  9. 9 News Elf 16 October 2008 at 12:24 pm

    I was normally paid through direct deposit, which my bank would post on the Thursday before payday Friday (although the deposit was dated for Friday). I checked my bank several times this morning, but haven’t yet seen anything post from Heller Ehrman.

  10. 10 anon3 16 October 2008 at 8:58 pm

    I did not receive pay for work performed last week. I was told they had 72 hours to get a check to us. I feel I’m owed the interest that money would have accrued.

    And my vacation, that’s mine and I want the interest on it too.

    Plus punative damages to deter future business entities from violating the spirit of the WARN act. Someone needs to be held accountable. Someone had to have known before hand that the doors were closing. It is despicable. I feel betrayed. Where is their conscious?

    Do people feel that Heller meets/met any of the exception clauses to the 60-day notice?

    Is expecting pay for the entire sixty days covered by the WARN act unreasonable. I feel I am owed. Discuss please.


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