In a dramatic turn of events, employees of a prominent arts university were blindsided by the sudden announcement of its closure, leading to an urgent class action lawsuit. On June 5, 2024, twelve former employees filed a complaint in the United States District Court for the Eastern District of Pennsylvania against The University of the Arts. The plaintiffs allege that the university violated federal and state labor laws by failing to provide adequate notice before terminating their employment.
The plaintiffs, Stephanie Cawley, Charis Duke, Nick Embree, Laura Frazure, Colin Kenney, Jacqueline Manni, Kevin Mercer, Rebecca Jean Murphy, Bradley Philbert, Karl Staven, Richard Rein, and Rosemary Savoia claim they discovered through public reporting on May 31, 2024 that their employer would cease operations and terminate their positions effective June 7, 2024. They argue that this abrupt termination violates the Worker Adjustment and Retraining Notification (WARN) Act which mandates at least sixty days' advance notice for mass layoffs or plant closures. Additionally, they accuse the university of violating the Pennsylvania Wage Payment and Collection Law (WPCL) by failing to pay owed wages and benefits.
According to court documents, the plaintiffs are seeking damages equal to sixty days' pay along with ERISA benefits due under the WARN Act. They also seek unpaid wages and liquidated damages under WPCL. The complaint outlines how Defendant's failure to provide timely notice has left them without compensation or benefits during this critical period. “Defendant did not give Plaintiffs and Similarly Situated Employees at least sixty (60) days’ advance written notice of termination,” reads one section of the filing.
The lawsuit further details how many faculty and staff members were represented by United Academics of Philadelphia (AFT-PA), including two bargaining units comprising faculty and staff members respectively. The faculty unit had ratified its first contract in February 2024 while negotiations for the staff unit’s first contract were ongoing when news of the closure broke. This abrupt decision left approximately 500 employees without jobs or sufficient time to seek alternative employment.
The situation escalated when on May 29th Defendant notified its accrediting body—the Middle States Commission on Higher Education—of its imminent closure which led to withdrawal of accreditation effective June 1st followed by an official announcement from university officials two days later stating it would close as of June 7th.
Plaintiffs argue that these terminations constitute a mass layoff as defined by WARN Act entitling them—and similarly situated employees—to receive proper notification which was evidently not provided according to their knowledge until May 31st. “Upon information and belief Defendant did not provide notice…prior to May 31,” asserts another part of their claim highlighting lack thereof prior communication regarding impending job losses.
In addition to monetary compensation covering unpaid wages accrued holiday pay vacation pension contributions among other employee benefits sought through both federal & state legal frameworks plaintiffs also demand certification recognizing them as representative class alongside reasonable attorney fees costs incurred during litigation process ensuring justice served across board affected parties involved within case parameters set forth herein.
Representing plaintiffs are attorneys Ryan Allen Hancock Jordan R Konell Samuel H Datlof from Willig Williams & Davidson law firm who have extensive experience handling complex employment litigation matters within jurisdictional confines Pennsylvania New Jersey beyond ensuring robust representation throughout proceedings ahead presiding over case Honorable Judge CFK bearing docket number Civil Action No:24-cv-2445