The Employees Strike Back; Lawsuit Filed on Behalf of Tweeter Employees

<November 6, 2008>A “Class Action Adversary Proceeding Complaint” was filed yesterday in the United States Bankruptcy Court for the District of Delaware against Tweeter OPCO LLC on behalf of a recently terminated employee of Tweeter whose rights, it’s alleged, were violated under the Worker Adjustment and Retraining Notification Act (WARN) which requires employers to provide employees with at least 60 days’ advance notice of termination. The lawsuit seeks to recover for the employee “and other similarly situated employees of the Defendant” 60 days’ pay and ERISA benefits as provided for by the Act.

Stuart J. Miller Esq. of Lankenau & Miller, LLP said the suit was brought on behalf of an employee who worked at Tweeter’s headquarters facility located at 9 Pequot Way in Canton, MA. The suit also seeks to represent other headquarters employees who were similarly terminated.

According to the suit, “on or about October 31, 2008, and thereafter, Defendant [Tweeter] discharged approximately 165 other employees at the Facility…” Any recovery from this litigation would ostensibly cover any other employee who chooses to participate in this lawsuit as well.

Mr. Miller said that the suit does not cover Tweeter’s other facilities – such as their store locations – unless that location employs more than 50 employees. Most Tweeter locations employ less than this number. However, it may be that some of the regional distribution centers would meet this threshold as well.

Miller said that in most cases, employee claims under the WARN Act receive a “priority” position and do not simply get in line with other unsecured creditors. In fact, they are to be paid before the unsecured claims. He anticipates other Tweeter employees to join in this action.

Miller’s firm has been involved in more than 100 WARN Act lawsuits, including the successful resolution of the Tower Records suit in the consumer electronics industry. They are participating in this lawsuit in conjunction with the NLG Maurice and Jane Sugar Law Center for Economic and Social Justice.

If you are a Tweeter employee who either worked at the Headquarters facility or at any other Tweeter location with more than 50 employees, and you were recently terminated, you can contact Miller for more information on this lawsuit at sjm@lankmill.com.