WARN Act Overview: http://www.dol.gov/compliance/laws/comp-warn.htm#overview

You’ve Been WARNed

17 Responses to “WARN Act”

  1. 1 Derner 20 October 2008 at 9:05 pm

    So…how does this class action law suit thing work? I want the money that I was told I could rely on.

    What has to happen next? Who has to file the suit?

    Dammit, where are all the lawyers when you need one?

  2. 2 Anon2 20 October 2008 at 10:54 pm

    Derner, apparently a class action suit was filed today in UDSC. If you go to either law.com or legalpad.com and find the link about Heller staff files class action suit, there is a pdf copy of the complaint that was filed today.

  3. 3 Anon2 20 October 2008 at 10:57 pm

    Oh dear, I just looked at the complaint in more detail and they omitted Heller Ehrman LLP! It just lists the old longer name, et al. Attention! Please contact the lawyers and tell them to amend it!!

  4. 4 Bad Move 21 October 2008 at 12:19 am

    Anon2, yes, that’s what the plaintiffs get for taking a lawyer working solely on commission. (FYI-typical plaintiff lawyers get at least 1/3rd of what the plaintiff is owed/can recover.)

    Unfortunately, and don’t get me wrong, the blame still lies solely on the firm, its management, and the shareholders, the only thing a class action did at this time is guarantee that 1/3rd of the total recovery (no matter what it is) will end up with the plaintiff lawyer. Best case scenario: the class settles for 75% or 60% of what is owed. With 1/3rd of that going to Helland, employees will receive 50% 0r 40% of what they’re owed in an optimal scenario.

    Further, a claim like this provides a window for an involuntary bankruptcy, where the plaintiffs can expect to lose at least an additional 10-20% and 6+ months of recovery time.

    Best case scenario used to be that employees are paid what they are owed, but it would take longer. Taking longer to get paid 100% just turned into taking a lot longer to get a lot less than 100%.

    Thanks, all.

  5. 5 NotOverlooked 21 October 2008 at 1:58 am

    Heller Ehrman LLP is a branding name – I believe all the corporate entity names were listed in the dissolution plan which was made public about two weeks ago.

  6. 6 Observer 21 October 2008 at 2:11 am

    The complaint does track the entity designations as in the Dissoluton Plan.

    But it’s definitely a sloppy piece of work.
    For example, these attorneys have filed with a typo in the citation to the jurisdiction statute they are relying on for the class action aspect: they have 29 U.S.C. 1332(d), when they mean 28 U.S.C. 1332(d). (Check the very high — i.e. recently admitted — bar numbers of the two named California attorneys on the caption)

  7. 7 Derner 21 October 2008 at 3:52 pm

    So, you’re telling me that we had a company full of lawyers and yet we screwed up the process of filing a lawsuit?

  8. 8 Anon2 21 October 2008 at 4:18 pm

    Sigh, this is getting worse each day. Now we have a premature sloppy class action complaint that will suck more of money out of our pockets to go to another lawyer. Why is it that the rich get richer and the poor get poorer?

  9. 9 MTBR 22 October 2008 at 2:10 pm

    Ok question on this. On the offices that were not listed can we retain another Attorney or are we stuck with dealing with KNA?

  10. 10 Observer 25 October 2008 at 12:56 am

    MTBR: On offices that were not listed, you absolutely can get a different attorney. If you do that, talk to them about the KNA suit, and see what they think could be done about it. (First to file does not always end up being the lead counsel on a class action.)

  11. 11 Class Action Lawyer 28 October 2008 at 11:51 pm

    I’m a former Heller litigator, from the 1990s, in Heller’s Los Angeles office. (Yale Law ’87.) Our firm, Blum Collins, LLP, has litigated numerous class actions and employment actions. We are willing to talk to anyone who wants to consider bringing a class action based on WARN violations. Feel free to call me at 213 572 0400.

    Steven A. Blum

  12. 12 Observer 30 October 2008 at 1:59 am

    More from the geniuses at Nichols Kaster:

    They filed a proof of service of their class action complaint, which states that the complaint was served on the firm via personal service on “Peter VenVenutti.”

  13. 13 Pumasdad 3 December 2008 at 12:30 am

    I just received a letter from the State of California re my claim that I filed for “Warn Act” pay & accrued vacation pay, it seems that my file has been closed and nothing more will be done, since there is a Class Action already filed, so even though I told the attorney responsible for the Class action suit that I did not wish to be a part of it 2 months ago, the State of California Department of Labor will not represent me or any other Hellerite, I spoke to a very nice man at the Commissioner’s office in San Francisco today who informed me that if the “Class Act” gets certified we will then have a chance to Opt out but if we do we will have to start from square one, and remember that if we join the Class Action we will lost 1/3 of any monetary award, this does not seem fair and I intend to check with some of the Heller associates that I know chose not to be a part of the Class Action, also if we lose the Class Act we would be liable for court costs, I am concerned since I understand that the attorney representing the Heller Employees has only three years experiance as an attorney versus the Heller Shareholders (who I believe are responsible for this mess) the best thing is if Heller decides to do the right thing and pay us without going to court, Stay tuned and good luck to us all,

  14. 14 Ethan 29 January 2013 at 10:39 pm

    Have I tried a few, most definitely. Keep on experimenting but learn form the past mistakes and do not try to implement
    those in the future plans. Budget.

  15. 15 business plan 22 April 2013 at 3:02 am

    Howdy! This article couldn’t be written any better! Looking through this post reminds me of my previous roommate! He constantly kept preaching about this. I am going to forward this post to him. Pretty sure he will have a good read. Thank you for sharing!

  16. 16 http://manandwoman.es/club/groups/an-apple-iphone-circumstance-is-a-ought-to-have-accent 2 May 2013 at 4:41 am

    Hello just wanted to give you a quick heads up.
    The text in your article seem to be running off the screen in Internet explorer.

    I’m not sure if this is a format issue or something to do with internet browser compatibility but I figured I’d post to
    let you know. The layout look great though! Hope you get the issue fixed soon.

  17. 17 6 week total body makeover 13 June 2013 at 9:03 pm

    I’ve been surfing online more than three hours these days, yet I by no means discovered any attention-grabbing article like yours. It’s pretty value enough for me.
    In my opinion, if all site owners and bloggers made excellent content as you
    probably did, the net can be a lot more helpful than
    ever before.

Comments are currently closed.

Life preserver.jpg
Remember the words of Rev. Frank Scott (Gene Hackman in The Poseidon Adventure):

". . . sitting on our butts is not going to help us either. Maybe by climbing out of here, we can save ourselves. If you've got any sense, you'll come along with us."

Contact Us!

Send us your information as to job leads, networking, or just plain vent!
Go ahead, say it!
Add to Technorati Favorites
Bloggers' Rights at EFF


This blog has been created by Thomas MacEntee.

Recent Comments

Terms of Service

Heller Highwater (hellerdrone.wordpress.com)
Last Modified: September 14, 2008

- Don't be a dill weed.

- Treat other people the way you want to be treated.

- Ladies and children first.

- This is a rescue, not a bitch session.

- Help don't harm.

- Save the snarks for the attorneys and Above The Law.

Heller Highwater is not:

- a place to practice viscious and vindictive "whisper down the lane" rumour-mongering;

- a place to bad mouth co-workers;

- a place for diatribes against specific people or specific incidents;

- a place to heap pity on poor Heller Ehrman staff by outsiders;

- a place that discriminates or sets margins noting who is outside and who is inside - we even welcome supportive Heller Ehrman attorneys!;

- meant to further the demise of Heller Ehrman, LLP.

Heller Highwater is:

- a place for support, a place of empowerment, a place of passion;

- a place to learn about job leads, resume preparation, skill building, training, new opportunities, and how to succeed in a new workplace;

- a place to keep up on the latest news as to how Heller Ehrman management intends to treat its support staff as it winds down its operations - will it be every woman for herself? or will it be "let me hold the door for you and is there anything else I can do for you"?

- a place of refuge.

Note: in no way, shape or form is Heller Highwater sanctioned, supported or even recognized, (but it is very likely monitored) by the management of Heller Erhman, LLP. The opinions represented here and on each and every page of Heller Highwater do not constitute the opinions of Heller Ehrman, LLP or its shareholders or its management. In addition, the comments left by visitors do not reflect the opinions of Heller Highwater.

%d bloggers like this: