NEWS29 September 2009

Laid-off ICT employee calls off claim for compensation

Legal North America

US— A compensation claim by a former employee of a research call centre in Pennsylvania that was shut down last year by data collection firm ICT Group has been dismissed voluntarily.

Laid-off worker Charles Smith had claimed he and 100 others should have been given 60 days’ notice of the closure under the Worker Adjustment and Retraining Notification (WARN) Act, and that in the absence of the required notice period staff were entitled to pay equal to 60 days’ wages as well as other benefits.

ICT stated that only 76 staff lost their jobs – and of those, just 43 were full-time members of staff. The firm argued that the WARN Act’s provisions for plant closures or mass lay-offs do not apply when fewer than 50 full-time employees have their contracts terminated.

No reason was given for the voluntary dismissal, which was agreed to by both parties, and no mention has been made of any settlement.

All claims have been dismissed with prejudice and each party will pay their own costs and counsel fees, according to court filings.