Mathias Troup v. Thelen was dismissed, by request, on Dec. 29. On the same day, a similar class action was filed, Todd Bennett et. al. v. Thelen, with Troup as the second class representative.
It appears the first suit may have been filed too early, because employees can get more money under the California WARN Act if they wait 30 days to sue. Thelen announced on Oct. 28 that it would dissolve. Troup landed in San Francisco Superior Court about two weeks later, on Nov. 12.
Cary Kletter, with San Francisco-based Kletter & Peretz, is representing Bennet, a librarian at Thelen for 29 years, and Troup, a clerical worker for a little over a year. Kletter said they have clarified some claims with the new complaint.
“We believe that as it’s filed now, the plaintiff may have a claim for waiting-time penalties,” Kletter said.
Back in November, we ran a story that noted that attorneys who'd filed a separate class action in federal court had told California employees to wait to join so they could rack up larger claims.
L.A. employment law boutique Blum Collins is representing plaintiffs on a second, federal suit, Bergman v. Thelen, by employees who worked in the firm's New York and Connecticut offices. Attorneys from California were not expected to join that suit until this month, after waiting-period penalties have accrued.
"The problem is, if you file too early, you deprive your clients of 30 days of pay," partner Craig Collins had said at the time.
— Amanda Royal