E-2: Gold Spike Closure Lawsuit
- On
Sunday, April 14th, Gold Spike casino and hotel closed after 36
years of operation.
- Notification
to employees occurred three days prior, on April 11th.
- Debra Camp, the Plaintiff and former cocktail waitress at the Gold Strike, filed a lawsuit in the Worker Adjustment and Retraining (WARN) Act requesting Class Action Status for her and her fellow
unemployed co-workers.
- The
WARN Act requires 60-days notice if an employer of at least 100 employees anticipates closing a factory or
laying off employees.
- There
is an exception, however, for “unforeseen business consequences”. This
exception applies to closings and layoffs that are caused by business
circumstances that were not reasonably foreseeable at the time notice would
otherwise have been required.
- If the
court finds that the Gold Spike owners could not reasonably foresee the
establishment would be closing between February 14 and April 14, then the
casino wins. If, however, the court does not accept this exception, the
employees of Gold Spike win.
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