[Histonet] Off Topic - question about class action suit against your "employer"

Joe Nocito jnocito <@t> satx.rr.com
Sun Sep 12 19:09:32 CDT 2004

a couple of years ago, a private lab locked their doors over the weekend and
did not let anyone know. The employees showed up to work on Monday just to
find that the doors were chained and they had no jobs.
    Now, I realize this is a private lab, but there was not a single thing
they could do. Several companies had thousands of dollars outstanding with
this company. The government auctioned off everything that was in the
building and took what was theirs first.
Of course, there was nothing left over for the several supply companies,
utilities, building management or reference labs like mine. You can sue, but
what will

Histology Manager
Pathology Reference Lab
San Antonio, TX you get if they have no assists?

----- Original Message -----
From: "Victoria Baker" <vbaker60 <@t> yahoo.com>
To: "HistoNet Server" <HistoNet <@t> lists.utsouthwestern.edu>
Sent: Saturday, September 11, 2004 8:53 AM
Subject: [Histonet] Off Topic - question about class action suit against
your "employer"

> Good morning,
> This is a question that I hope very few of us on the
> list-server have ever had to, are currently, or will
> ever have to deal with/answer personally.
> A week ago yesterday the not-for-profit/NCI (Cancer
> Center Support Grant)funded organization I work for
> gave us WARN notification that told us we would be
> permanently "layed-off" as of Sept. 10 unless an
> agreement between our facility and the government was
> made. As negotiations were being worked for a merger
> with "other" institutions there might still be a way
> to work out our difficulties and keep our institution
> open.  The specifics of this merger are unknown and we
> have had no specific information given to us.  As of
> yesterday afternoon we were informed that we would
> have to call in on Monday morning to see if we would
> be allowed access to the building and work.
> The controversy is this:
> 1.  According to law we are to be notified at least 60
> days in advance of a permanent closing.  This has not
> been done.
> 2.  We lose any severance or unused vacation pay still
> owed to us under a "normal" - I use this term loosely
> - closing.
> 3.  Insurance benefits - being able to apply for COBRA
> or get clear information as to what we could do to
> purchase insurance on our own has been non existent
> and our HR person left her position as of Friday as
> well.  This is not part of the actual legal
> proceedings just concerns of all employees.
> 4.  Retirement plans/annuities are a separate issue as
> not all employees were involved in these benefits.
> We are a very small institute of less than 150 people
> in NYS.
> I'm looking to see if anyone else on the server has
> had this occur to them and whether or not they did
> pursue a legal action to get the benefits due to them.
>  I'd also like to know if anyone has information or
> people/places I could contact about what most have
> gotten in terms of litigation. The issues I listed are
> the most pertinent, as with many of these closings
> other issues revolve around the main ones.
> Many of these people have been here since the late
> 70's or early 80's.  Yesterday as most of us were
> cleaning out offices and trying to organize our labs,
> I encountered so many different human reactions and
> emotions.  When I left my lab last night it was just
> around sundown and shadows were cast over some of my
> equipment and benches after I had shut down the lights
> (I have a wall of windows that I've always loved to
> watch the seasons or the weather)and it was a very sad
> moment. Would I ever see it again?  When you are layed
> off or a company closes it's a 'done deal' and you can
> move on.  When you just seem to get a 'stay of
> termination' that leaves you no where closer to
> resolution it wears you down.
> If anyone has anything that they could pass on I would
> very much appreciate it.
> Thank you very much.
> Vikki Baker
> Institute for Cancer Prevention
> Valhalla, NY  10595
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