Trainor Glass Could Face Class Action Suit
March 21, 2012

by Sahely Mukerji, smukerji@glass.com

Katherine McNeel, a former employee of Trainor Glass Co., has brought a class action suit against her former employer "on her own behalf and on behalf of all other persons similarly situated," with allegations related to the Worker Adjustment and Retraining Notification (WARN) Act.

The suit seeks "recovery by Plaintiff and other similarly situated employees of the defendant of damages in the amount of 60 days' pay and ERISA benefits by reason of defendant's violation of the plaintiff's rights under the WARN Act," according to court documents.

"On or about February 21, 2012, defendant terminated the plaintiff's employment as part of a plant closing which qualifies as an event for which she was entitled to receive to sixty (60) days' advance written notice under the WARN Act," the complaint states. "Defendant never gave plaintiff the statutorily required sixty (60) days notice of the plant closing or termination in violation of the WARN Act.

"At or about the time that the plaintiff was discharged on or about February 21, 2012, and thereafter, defendant discharged approximately 500 other employees at the facilities," the complaint further states.

As compensation, McNeel is requesting the following: "an allowed wage priority claim against the defendant in favor of the plaintiff and class members equal to the sum of: (a) unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, pension and 401(k) contributions and other ERISA benefits, for 60 days, that would have been covered and paid under the then applicable employee benefit plans had that coverage continued for that period."

McNeel also is asking the court to certify the suit as a class action and to appoint her attorney as class counsel, along with her own appointment as the class representative and payment of reasonable compensation to her for her services and an allowed priority claim "for the reasonable attorneys' fees and the costs and disbursements that she incurs in prosecuting this action; and other and further relief as this court may deem just and proper."

Trainor officials had not responded to calls at press time.

Trainor Glass closed its facilities in late February and filed for Chapter 11 bankruptcy on March 9. The class action suit was filed as part of Trainor's bankruptcy case.