Considering class action suit against NCT for avoiding WARN Act.

Discussion in 'New Century Transportation' started by Mr. Right, Jun 11, 2014.

  1. Mr. Right

    Mr. Right Member

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    A lawyer told me this was absolutely an option. Do we have backing from former employees for this? There are a couple of ways to go on this.
     
  2. Donner

    Donner New Member

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    Not trying to be smart, what do you expect to get out of this? It sucks what happened to you all, but NCT closed up shop because they ran out of money. The lawyer in some cases will give false hope, and will try to make a percentage off your misfortune. Try to put this behind you and devote your energy to finding new employment. You can't get blood from a stone!
     
  3. Crystal

    Crystal Well-Known Member

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    If the lawyer will take the case on a contingency basis then what have you got to lose?
     
  4. xeastend

    xeastend Active Member

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    The firm that handled Jevic warn suit is already on the case. Got an e mail from them
    Wish I could post it. Maybe other former Jevic can confirm
     
  5. xeastend

    xeastend Active Member

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    The federal WARN has to be done in civil courts. The NJ WARN has more teeth, but a civil matter.
    Wish the govt had made them criminal instead
     
  6. EX396

    EX396 Well-Known Member

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    Time, stress, headache, ulcer, closure.

    Been through 3 closures/BK's.

    What did the lawyer have to say about this:

    The exceptions to 60-day notice are:

    (1) Faltering company. This exception, to be narrowly construed, covers situations where a company has sought new capital or business in order to stay open and where giving notice would ruin the opportunity to get the new capital or business, and applies only to plant closings;

    (2) unforeseeable business circumstances. This exception applies to closings and layoffs that are caused by business circumstances that were not reasonably foreseeable at the time notice would otherwise have been required.


    Given the language of the notice sent to employees I'm fairly certain NCT consulted their counsel before drafting the letter. Having said that there is some subjectivity to the term "reasonably foreseeable". Then there is also the bit about the potential impact announcing a possible BK has on obtaining financing or even retaining current business levels.

    Move on and be as prepared as possible for the next one. In this industry they are all too common.

    Best of luck.
     
  7. Driveforfree

    Driveforfree Member

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    I'm sure you can get backing from employees on this. Local 107 also offered to help with this.
     
  8. P_loco

    P_loco New Member

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    The letter we all received stated exactly what is stated here in #2 - "unforeseeable business circumstances". I am sure they did that on purpose so they wouldn't have to give us the full 60 days of notice.
     
  9. EX396

    EX396 Well-Known Member

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    "not reasonably foreseeable" 60 days ago?

    That would require an auditing of all accounting records, meeting minutes, email correspondence between directors, etc. Then some lawyers would have to successfully argue that they should have known 60 days ago. Even if they did prove that NCT should have known 60 days ago they'd still have the defense that issuing such a notice to all employees 60 days ago would have "ruined the opportunity to get new capital or business"

    Hey, I'm giving you written notice that it looks like we are closing in 60 days, then I will go to the bank and ask for a loan, or make some sales calls asking for new business. How do you think that would go over?

    Those exceptions are in there to give lawyers something to argue so they can make money. If the laws weren't subjective, there wouldn't be much to argue. They are there to protect employers and shareholders but designed to appear to be good for the employee. Truthfully, they would be if they had to be followed. It appears that is not often the case.
     
  10. ABFer

    ABFer Super Moderator Staff Member

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    I would say that a good honest lawyer would be in order and one that would work on contingency would be great if available. Seeing as there were WARN decisions awarded to Preston and CF workers I would expect a decision in favor of the workers in this case as well. Now, would the investment company be responsible for any monies due or would it be limited to NCT like it was a stand alone company? This is the one factor that would make the biggest difference to me if I was considering filing.
     
  11. EX396

    EX396 Well-Known Member

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    On that note ^^^^ watch how the Jevic case plays out.
     
  12. Njeasylife

    Njeasylife Member

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    Im sure they seen it when did Jeffries back out? They said on the news after they backed out they could not get any money left and had to give up. I belive Jeffries backed out about 2 months ago. They said they did not want to tell us or could not one of the 2. But idk. Ill file the paper i got in the mail and take it from there. Off to bed long day. I had to run 1100 miles round trip to get my stuff out of my truck i wish i just left it for them to clean. Most of the clothes dont fit me now days. And no not to small lol They are to big yayy me!
     
  13. Nctshopsteward

    Nctshopsteward Member

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    I'm in you can add my name. Right right lol
     
  14. Local_Driver

    Local_Driver Pyle People deliver

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    6 yrs later and on 2nd appeal, nothing yet folks...
     
  15. Jockey

    Jockey Member

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    Yeah, Scum Capital would rather pay double the amount they owe us to their lawyers. Doing the right thing never crosses their minds.
     
  16. Hoosierky

    Hoosierky Enjoying Life Everyday!

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    When CF shut down, the bankruptcy court did a through audit. What did they find?? CF was paying Con-Ways fuel bill. They also found $20 Million that had not been accounted for.
    Do not trust the people that put you on the street!! Go down fighting for everything you have coming!
     

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