Telemarketer didn't give proper notice before closing, suit claims

CHARLESTON – DialAmerica didn't give employees proper notice before abruptly shutting down its South Charleston call center, according to a potential class action lawsuit.

Filed July 30 in federal court, the suit claims the telemarketing company violated federal law that requires prior notification of employees. Earlier this month, DialAmerica Marketing Inc. closed its South Charleston operation, leaving more workers than 150 unemployed.

Potential class plaintiff Jeffrey D. Lucas claims DialAmerica violated the Worker Adjustment and Retraining Notification Act, which is better known as the WARN Act. The act requires businesses to give 60 days' advance notice before closing under certain circumstances.

"DialAmerica violated not only notions of basic courtesy and fairness to its 160 employees and their families, it also violated clear mandates of federal law that required DialAmerica to provide at least 60 days' notice to employees and local government of the closing of its operations," Charleston attorney John Barrett wrote in the complaint.

Barrett also seeks class certification for the other South Charleston DialAmerica employees. That location was the company's only one in West Virginia. Workers there made telemarketing calls for Fortune 500 companies.