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WEST VIRGINIA RECORD

Saturday, April 27, 2024

Class action says Allegheny Wood Products failed to provide WARN Act notice

Federal Court
Woodsandfoliage

BECKLEY – A former Allegheny Wood Products employee has filed a potential class action lawsuit against the company after it abruptly shut down last month.

James Beane is the named plaintiff in the complaint filed March 1 in federal court.

According to the complaint, Beane worked for the company when it closed February 23.

“Defendant terminated Mr. Beane and all other employees,” the complaint states. “Defendant failed to provide a 60-day WARN Act notice. There were no ‘unforeseen business circumstances’ that required termination of plaintiff and others without notice.”

Allegheny Wood Products, which is based in Grant County, had operations in Bruceton Mills, Cowen, Kingwood, Moorefield, Petersburg, Princeton and Riverton. Employees reportedly knew there were issues with the company, but most people expected it to be sold rather than shut down.

State officials have said the closure meant the loss of about 850 jobs, including contractors.

In the complaint, the potential class accuses the company of violating the WARN Act and the West Virginia Wage Payment and Collection Act.

The plaintiffs say the company failed to pay them 60 days of pay and benefits owed to them under the WARN Act. They also seek civil penalties for each violation.

In addition to the certification of the class, the plaintiffs seek compensatory damages, civil penalties, liquidated damage, attorney fees, court costs and other relief.

Beane and the others are being represented by Amanda J. Taylor of Taylor Hinkle & Taylor in Charleston.

U.S. District Court for the Southern District of West Virginia case number 5:24-cv-00102

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