Several Lawsuits Filed
There are several articles posted late yesterday and today concerning several suits filed by former Thelen LLP employees against Thelen and the dissolution committee (see the News Articles section for more information).
The latest suit was filed in United States District Court for the Northern District of California and alleges violations of the WARN Act and failure to pay accrued vacation. Download a pdf version of the filing here.
Earlier this month, a suit was filed in San Francisco Superior Court alleging similar claims including violations of the WARN Act and failure to pay accrued vacation. Download a pdf version of the filing here.
I have already been contacted by ex-Thelen staff as to how to join either of this lawsuits. My recommendation is to download the copies above and use the attorney contact information on the caption page to contact the firms representing the plaintiffs in these cases.
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Prognosis
Thelen The Pain is a support site for the recently or about-to-be laid off employees of Thelen LLP, a soon-to-be defunct global law firm. This blog is based upon the concept and format of Heller Highwater which serves the former staff of Heller Ehrman LLP.
We’ve just experienced a sudden diagnosis, one that is none too positive, and now’s the time to put together a “plan to get well.” Was the diagnosis unexpected? Were there warning signs? None of that matters right now – there will be plenty of time to hash over what did and didn’t happen days, weeks, months and years ago. Right now and of first importance is dealing with the patients and making certain they can get up and go out into the world on their own two feet. And hopefully go out with the hard earned wages due them and the tools and connections needed to succeed post-Thelen.
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I’ve read both suits and some of the articles on line. Here are my observations.
1) The state suit appears to have waived the rights of California employees to waiting time penalties. Oops. The articles say the fed suit add California employees later — so at least we won’t waive those penalties in the fed suit. (Waiting time penalties means we get paid full salary up to a maximum of 30 days after termination, but the money gets cut off once we file a lawsuit seeking the penalties. So it is safe to file after you hit the maximum. This is a big issue in the Heller lawsuit.)
2) Some of the articles say the fed suit seeks money from successor firms like Nixon Peabody in case Thelen’s accounts receivable don’t come in. (I’m not exactly expecting clients to be dumb enough to pay a firm that has dissolved.)
3) The name plaintiffs in the fed suit are NY and CT Thelen lawyers and a manager. The name plaintiff in the state suit is a receptionist. Interesting.
Good luck!!