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Lawyer Update 01-13-09

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localdriver

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For those of you involved with the class action suit against Jevic using the Cherry Hill lawyer Ben Folkman, He will no longer be handling the case. The new Lawyer is
Carlo Scaramella of Moorestown NJ, 856-914-0014
Hang in there fellow ex-employee's Some day it will come together:bowdown:
 
My Brother was contacted by the NY firm today and they said the Court accepted the class action . getting a court date and invited him down to NY to testify if he would like to
 
I got mine! Basicly its stated that they are not liable under the waRn act! Layoffs were due to by buissness circumstances that were not reasonable foreseable as of the time that the notice would have been reqiured!, and thus are not liable for payment of any pay or benifits! Additionally. Defendant sun capital partners inc. Denies that it was an employer as defined by the warn acts and therefore can not be held liable to the employees for warn damages!

Of course it does not mention due to vactions a nd paid holidays coming up it did not want to pay them either!
 
Thats why we have lawyer's!!! at least we might have a fighting chance,, The new lawyer want's to include attourney fee's in the settlement, so we don't have to pay for them out of pocket. I suggest if you involved with to call him.. He want's to here from us.
 
As long as sun capital has to pay out! And are exposed as the thiefs they are! Thats fine! Im not really expecting much! Its just to put the screws to sun!!!!!
 
The correct phone number for carlo scaramella is 856.914.0114 i am waiting for a call back from him this afternoon. .. . None of you bone heads know what yer talking about.

Wake up people then formulate a thought into words.
 
Spoke w/ Carlo today 1-30-09

Carlo has a meeting with the other lawyers next week, they will deside if it will be better to go as one large class action or several smaller class action suits, He belives it is better to go with smaller suit's because of medical bill's that people might have been stuck with when their insurance was cancelled can
also can be added on to you settlement,and sometimes the settlements are larger with several smaller class action suits then with one large class action. He did warn me that this could be years in process and that Jevic was the company they needed to go after, but since Jevic is gone,they have to go after Sun Capital as the owner and try to tie them to Jevic,
I suggest if you have any questions or have any medical bills that were thrown at you because your Jevic insurance did not pay them, Call Carlo, at (pm localdriver for #) He want's to hear from everbody! He's a good guy..

If anybody has any question's you can PM me with your phone number and I'll call you back
LD.
 
of course he does ! the more people he represents the higher his percentage of the settlement ,the court will and has recognized this as a class action in Delaware .All parties represented in this suit will share in any settlement ,this includes people represented by other firms that join the suit . If you and your law firm choose not to Join and instead initiate your own suit ,the court may not hear your action untill the class action has been heard .
 
If the 'rumor' is true; we should see our 60 day notice pay and 60 day benefit pay. Don't forget; Jevic(Sun Capital) closed Cinn. Charlotte, and Atlanta; so they virtually cut our fleet by almost 1/2. The settlement is for those of us still there when they CLOSED THE DOORS. And alot of people didn't get involved because they thought we didn't stand a chance.
 
Snoozer said:
If the 'rumor' is true; we should see our 60 day notice pay and 60 day benefit pay. Don't forget; Jevic(Sun Capital) closed Cinn. Charlotte, and Atlanta; so they virtually cut our fleet by almost 1/2. The settlement is for those of us still there when they CLOSED THE DOORS. And alot of people didn't get involved because they thought we didn't stand a chance.
Click to expand...
To those who would read WARN, one would see that employees of J8, J5, and J3 to apply to the law. Please note that there was ample time from the period that drastic actions were taking place, that Jevic and Sun Capital had more than enough time to adhere to the law.
 
If you remember correctly Sun Capital closed the doors before Concord, Atlanta, and Cincinnati were actually closed. I was at J3 and I AM a part of this lawsuit.
 
Good luck guys! I drove for Jevic for 11 yrs, 7 in Albany NY (local and NE Regional) (technically assigned to J1) and the last 4 here in Southern California. (Ontario and Fontana) We have been told our terminal was too small to qualify for protection under the WARN act! Sun Cap has devised a way to seperate all the terminals into individual entities so they can eliminate anyone from a smaller terminal. So the 12 drivers out here get screwed! I get no credit for the 7 years I put in assigned to J1. I also got screwed out of my 11th year safety bonus that would have come due on my anniversary, June 1, 2008. Missed it by 8 days, I was numero uno out here so I worked right up to the end, May 22nd. What a sucker punch from these animals at Sun Cap. We arent the only ones though, They did the same thing to Wickes Furniture, a huge furniture company out here, and the Mervyn's Department Stores, a large store chain here in Ca. Most of the guys from JA (Ca terminal) still arent working full time. I think some of them are still in a daze. I hooked on with Roadway. That was going pretty good until Roadway and Yellow combined operation at the beginning of this month. I havent worked since. Looking for a new carrear, been driving since 1975, time for a change.
 
We all got screwed out of our saftey bonuses $2500, and vacations four week's, personal's five days, health ins, and our livley hood's 15 years. I worked for Roadway also after this and got letter layoff in October, I have since retrained on tankers.:TR10driving03:
 
I got a phone call from one of my employees who has a friend that told her that Georgia Public TV ran an interview with a widow of a former Jevic driver. She lost her husband to cancer. Some of you might know who this was, I told my co worker that I didn't know her but I had heard about her. She said the interview revealed the class action suit against Jevic and that she was going after them for his death due to losing the health insurance. The reporter also stated that she might not collect on that part of the law suit but that according to the law the holding company was in violation of the WARN act, so the word's getting out there.. let's just hope and pray the judge "gets it".
 
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