Texas Employer Sued for Lack of Layoff Notice

Beaumont, TXAn employer in Texas is in hot water for a Texas Labor Law violation pertaining to the failure to provide proper notice for a mass layoff at Conex International, a manufacturing facility located in Jefferson County. According to the February 22 edition of the Southeast Texas Record, about 50 employees were let go at the plant without proper notification.

A class-action lawsuit has been filed against Conex International and Heico Holding Inc., alleging that the employer failed to provide proper notice according to legal requirements under Texas Employment law and federal statutes. Ronald Glenn Snook filed the lawsuit on behalf of class participants February 21 in the Eastern District of Texas, Beaumont Division.

Cited in the lawsuit is the WARN Act, which is a federal US labor law that also has jurisdiction under Texas labor and employment with regard to layoff. To wit, the law requires that employers with 100 or more employees are required under law to provide advance notice of no fewer than 60 calendar days if a plant is to be closed, and or a mass layoff of employees is to be undertaken.

The Southeast Texas Record noted that Conex International is a general mechanical contracting and industrial services firm providing plant turnarounds and shutdowns, new construction, tower & vessel services, heat exchanger services, maintenance, planning, scheduling and management services to customers in the refining, petrochemical and other process industries.

Operating since 1985, Conex is accused of failing to pay Plaintiffs "their respective wages, salary, commissions, bonuses, accrued holiday pay and accrued vacation for 60 days following the notice of their respective terminations, and failed to make the pension and 401(k) contributions and provide employment benefits under ERISA, other than health insurance, for 60 days following the notice" of layoffs, the court documents state.

The lawsuit alleges that at least 50 employees were let go without adherence to the provisions of the WARN act, as noted above. It was not revealed at what point the layoff occurred or was announced within the 60-day window, or if the employees received any notice at all. Court documents appear to suggest the layoff came without notice.

Texas labor and employment law, whether originating at the state or federal level, is designed to protect worker's rights. In this case, a mass layoff without the required advance notice can be a cause for crisis in a family following the sudden disappearance of income. For single-income families, such an occurrence can be devastating.