A former Telltale employee has filed a class-action lawsuit against Telltale over violation of labor laws in California after the company laid off some 250 employees on Friday. Employees were given minimal warnings and no severance as the company claimed it will be shutting down.
As Polygon reports, the complaint was filed by Vernie Roberts on behalf of himself and other former employees at Telltale on Monday in the federal court in San Francisco. Roberts says his termination and of those of his fellow employees "without cause" and "advance written notice as required by the WARN Act," constituted a violation of the law.
The WARN Act, or Worker Adjustment and Retraining Notification Act, is a federal law passed in 1988, though the state of California has additional rules for its own WARN Act. Basically, according to the state of California, "Per Chapter 4, Part 4, Sections 1400-1408 of the Labor Code, WARN protects employees, their families, and communities by requiring that employers give a 60-day notice to the affected employees and both state and local representatives prior to a plan closing or mass layoff."
As reported earlier, Telltale laid off 250 employees on September 21, though the lawsuit accounts for 275 employees including the skeleton crew of 25 left at Telltale working to complete outstanding projects. As the WARN act requires a 60-day notice of termination when there is a mass layoff (defined in California as at least 50 employees in a company of 75 fulltime or part-time employees or more) Roberts is moving ahead through the courts.
The financial penalty for violating the WARN act includes compensating the employees with back pay and benefits for each day of violation, which in this case is the full 60 days as required by both the Federal and California WARN Acts. If the plaintiffs win the lawsuit they will earn the back pay, plus interest as per Federal and California WARN Act.
We've reached out to Telltale for a statement and will report when we hear back.