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Emery Worldwide Pilots and Ground Crew Allege They Were Laid Off Without Sufficient Notice

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Case ID: 2697 | Employment | 09/01/2004

A class action has been filed against Emery Worldwide Airlines and its parent company, CNF, Inc. on behalf of some 800 pilots and ground crew members who were laid off in August 2001, allegedly without receiving the 60-day notice required by the federal Worker Adjustment and Retraining Notification (WARN) Act. Emery suspended operations on August 13, 2001, due to safety concerns raised by the Federal Aviation Administration, and the company furloughed all its employees. The action seeks 60 days' pay for each class member as allowed by the Act.

The WARN Act requires that any business enterprise with 100 or more employees must give 60 days' notice before a plant closing or mass layoff. Workers who suffer an "employment loss" without receiving the proper notice may sue for compensation.

The court tentatively certified a class in the action on March 17, 2003, but the court has not made a final decision on the matter.


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