MARCH 8, 2019 – The sudden closing of Falcon Transport – and subsequent layoff of 550 employees – has been big news in the trucking industry these past few weeks. Many of their drivers got the news when they were on the road, forcing them to ditch their trailers and head home. Others found themselves stranded as fuel cards were deactivated and paychecks didn’t go through as scheduled.
It was an unexpected move for a 116-year-old company that had been actively hiring drivers until just before they closed their doors. Beyond surprise, many were unhappy with the way the company handled the mass layoff. It was a move that many believed to be callous and poorly executed. Beyond that, it may have also been illegal.
According to the federal Worker Adjustment and Retraining Notification (WARN) Act of 1988, companies with 100 or more employees must give their employees 60-days notice before a mass layoff occurs. With no WARN notice for Falcon Transport listed with the Ohio Department of Job and Family Services, a class-action lawsuit is forming against the former transport company. If Falcon loses the suit, they could be required to pay employees 60 days of lost wages – plus benefits.
If there’s a silver lining, it’s that most of these drivers hopefully won’t be out of work long. Carriers around the country have been encouraging former Falcon drivers to apply in hopes of filling some of their open driving positions.