News Articles « Thelen The Pain

Thomas: FYI – today on law.com:

240 Thelen Ex-Associates, Staff Could Assert Claims Alleging
Violation of WARN Act
Amanda Bronstad
The National Law Journal
February 27, 2009

Thelen has identified about 240 potential former associates and staff members who could assert claims alleging that the firm violated the federal Worker Adjustment and Retraining Notification (WARN) Act by failing to pay its employees adequate wages and vacation time in light of its Dec. 1, 2008, demise, according to court documents filed in a lawsuit this week. Bergman v. Thelen, No. 3:08-cv-05322 (N.D. Calif.).

Thelen announced its dissolution on Oct. 30 and laid off most of its employees on Nov. 30.

The suit, filed on Nov. 24 by three former associates and one former staff member, alleges that, under the WARN Act, Thelen should have paid its employees their salaries, bonuses and other compensation, plus allowed for 401(k) contributions and health insurance coverage, during the 60 days following the initial announcement of its dissolution. The employees also are seeking unpaid vacation pay.

If successful, the plaintiffs, who are seeking class certification, could obtain an award of “several million dollars,” according to the recent documents, which were filed in preparation for a case management conference set for March 3. In a list provided by Thelen, attached to the documents, about 240 former employees — 60
associates, 20 counsel and 163 staff members — are identified as
putative members of the class.

Steven Blum, a partner at Los Angeles-based Blum Collins, who represents the plaintiffs, said that list doesn’t include California employees, who could number hundreds more. He said he plans to add two more named plaintiffs, both in California, as part of a first amended complaint filed next week. “The effect of the amended complaint will be to add a California subclass,” he said.

Wayne Flick, a partner in the Los Angeles office of Latham & Watkins, who represents Thelen in the suit, did not return a call for comment. In the documents, Thelen maintained that the layoffs were the result of unforeseen business circumstances and that notifying its employees
would have hampered its ability to obtain financing.

Comment by Jeffrey Trybull | February 27, 2009

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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Thelen The Pain (thelenthepain.wordpress.com)
Last Modified: November 17, 2008

- Don't be a victim.

- Treat other people the way you want to be treated.

- Doctor, heal thyself.

- This is a lifesaving operation, not a bitch session.

- Do no harm.

- Save the snarks for the attorneys and Above The Law.

Thelen The Pain is not:

- a place to practice viscious and vindictive "whisper down the lane" rumour-mongering;

- a place to bad mouth co-workers;

- a place for diatribes against specific people or specific incidents;

- a place to heap pity on poor Thelen staff by outsiders;

- a place that discriminates or sets margins noting who is outside and who is inside - we even welcome supportive Thelen attorneys!;

- meant to further the demise of Thelen, LLP.

Thelen The Pain is:

- a place for support, a place of empowerment, a place of passion;

- a place to learn about job leads, resume preparation, skill building, training, new opportunities, and how to succeed in a new workplace;

- a place to keep up on the latest news as to how Thelen management intends to treat its support staff as it winds down its operations - will be “let me get you some help” or “let’s relieve some of that pain” or rather “I’m sorry, you don’t have sufficient medical coverage. Here’s some aspirin and there’s the door.”?

- a place of refuge.

Note: in no way, shape or form is Thelen The Pain sanctioned, supported or even recognized, (but it is very likely monitored) by the management of Thelen LLP. The opinions represented here and on each and every page of Thelen The Pain do not constitute the opinions of Thelen LLP or its shareholders or its management. In addition, the comments left by visitors do not reflect the opinions of Thelen The Pain.

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