Former Jack Cooper employee files class action lawsuit, claims federal law violations
KANSAS CITY, Mo. (KCTV) - Jack Cooper Transport, a business with locations in multiple states, including Kansas and Missouri, could soon face a class action lawsuit involving thousands of former employees.
The company laid off thousands of employees after it lost a hauling contract with Ford Motor Co. on Jan. 2. The company since lost a contract with General Motors.
A lawsuit filed by a terminated employees claims Jack Cooper violated the Worker Adjustment and Retraining Notification (WARN) Act.
The lawsuit was filed in the Western District of Missouri last month by a former employee named John O’Hare. Among other things, it asks a judge to certify it as a Class Action lawsuit. The full lawsuit follows.
Jack Cooper Lawsuit by heidikctv5 on Scribd
The lawsuit claims O’Hare learned of his termination on Feb. 8, the same day he lost his job. The suit goes on to claim that Jack Cooper was required by the WARN Act to give each employee 60-days written notice that they would be terminated.
Jack Cooper failed to give proper notice to thousands of employees, according to the lawsuit. The company also terminated at least one-third of its workforce.
The plaintiff also argues Jack Cooper failed to notify state and local leaders of its plans, which is also required by the WARN Act.
The WARN Act also allows an impacted employee to file a civil lawsuit against a company believed to have violated the act.
In addition to asking for the class action certification, the lawsuit also seeks:
- Back pay for terminated Jack Cooper employees
- Payment for medical expenses for terminated employees
- Coverage of litigation costs, expenses, and attorney’s fees
- Discretionary costs
- Civil penalties
- Other payment and penalties the court may see fit
Records show Jack Cooper did issue a WARN Act notice on Jan. 6. It was for more than 400 employees at its location in Liberty. The lawsuit shows layoffs happened less than a month later on Feb. 2. The notice did not provide the 60-days required by the WARN Act.
The WARN Act does include three exceptions for situations involving unforeseen circumstances, failing companies, and other conditions.
KCTV5 asked Jack Cooper for comment on the lawsuit. It will be added to this article if the company responds.
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