Justin Forry, a project manager at Mod-U-Kraf since 1992 at the Rocky Mount facility, is named as the plaintiff in an adversary proceeding complaint filed in relation to the company’s bankruptcy. Such a complaint is a proceeding to recover money or property from a debtor.
The complaint indicates that Forry and his lawyers are seeking class action certification. This would mean that a decision in Forry’s complaint could also impact “all others similarly situated.”
The complaint alleges that Innovative Building Systems, which had operations with varying names in several other states in addition to Virginia, violated the Worker Adjustment and Retraining Notification Act, known as the WARN Act, by failing to give workers proper notice that they’d be losing their jobs. The act requires that employers with 100 or more workers provide notice 60 days prior to plant closures or mass layoffs.
His lawyers are not currently being paid, as cases of this kind are typically “litigated on a contingency.
The firm is working with other employees in addition to Forry. There’s been a steady stream of displaced employees contacting the lawyers in the last few weeks that is expected to continue.
Employees do not need to contact or retain the firm to become part of the case.
The way class actions work, generally, is that once the case is filed by one person, everyone should be able to take shelter under it without doing anything because the certification of the class means that everyone is automatically included who is similarly situated,