That’s the way the cookie crumbles? Archway faces WARN suit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

That’s the way the cookie crumbles? Archway faces WARN suit

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A group of employees has filed a lawsuit against Battle Creek-based Archway Cookies, alleging the company violated the federal Worker Adjustment and Retraining Notification (WARN) Act when it terminated hundreds of workers in California, Michigan and Ohio in October.

Archway shut down all domestic operations and filed for Chapter 11 bankruptcy on Oct. 6, citing rising fuel and food costs. Jeffrey Austen, who originated the lawsuit, said workers learned of the shutdown by letters delivered in overnight mail. “It’s hard to believe that this 60-year-old company just vanished,” Austen said. “We should have been given more time to prepare.”

Austen’s attorney, Rene Roupinian, said the reasons cited by Archway for its lack of notice “do not meet the WARN Act’s ‘unforeseeable business circumstance’ exception.”

The employees who sued are seeking class-action certification, which would open up the lawsuit to all affected Archway employees.

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