A class action lawsuit claiming car rental company Enterprise violated federal law when it instituted mass layoffs in the face of coronavirus restrictions will proceed in Florida federal court.
The lead plaintiff, a former Enterprise employee, claimed she and other workers were let go without sufficient warning as required under the Worker Adjustment and Retraining Notification (WARN) Act. The complaint claimed the company was required to give employees at least two months notice under the WARN Act; however, workers were given only a few days or even no notice of the mass layoff.
The class action lawsuit named Enterprise Holdings and its affiliates as defendants. Enterprise runs not only Enterprise car rentals, but Alamo and other rental car companies, as well.
The plaintiff claims Enterprise was aware of the crippling effect COVID-19 and the resulting travel restrictions were having on its business; however, it refused to inform employees mass layoffs were coming, even after instituting furloughs.
Enterprise fought the class action lawsuit, arguing the mass layoffs fell under exceptions in the WARN Act for unexpected catastrophic events, such as natural disasters, or unforeseeable circumstances “outside of the employer’s control.”
U.S. District Court Judge Roy B. Dalton disagreed.
“While COVID-19 may be a natural disaster within the meaning of the WARN Act, the complaint does not allege the layoffs resulted directly from the pandemic,” the order pointed out. “The complaint (and unfortunate experience) shows a more tenuous connection: COVID-19 caused global concern over the spread of the virus, leading to a global shutdown — travel stalled, as did economies.”
According to the order, the mass layoffs at Enterprise were not the direct result of COVID-19, but an indirect effect of the pandemic on travel.
“This isn’t a situation where, for example, a factory was destroyed overnight by a massive flood — that would be a ‘direct result’ of a natural disaster,” Judge Dalton concluded. “This is an indirect result — more akin to a factory that closes after nearby flooding depressed the local economy.”
Similarly, Judge Dalton found Enterprise could not use the second exception for unforeseen circumstances, pointing out that, under the WARN Act, employers are still required to give as much notice as possible in these situations.
“Exactly when defendants had to give notice will doubtless be a hotly contested factual issue, but at this stage, taking the allegations in the complaint as true, plaintiff has stated a claim for a WARN Act violation,” Judge Dalton concluded.
The class action lawsuit seeks to represent former Enterprise employees who were given little to no notice before being laid off in the spring of 2020.
The plaintiff is seeking 60 days of pay, including bonuses and accrued vacation time, along with coverage for medical expenses Enterprise would have covered through its employee insurance plans during that time.
Are you a former Enterprise employee that was let go in the mass layoffs due to coronavirus? We want to hear from you. Tell us about your experience in the comment section below.
The lead plaintiff and proposed Class Members are represented by Brandon J. Hill and Luis A. Cabassa of Wenzel Fenton Cabassa PA.
The Enterprise Mass Layoffs Class Action Lawsuit is Elva B. et al. v. Enterprise Leasing Co. of Florida LLC et al., Case No. 6:20-cv00891, in the U.S. District Court for the Middle District of Florida.
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52 thoughts onClass Action Lawsuit Over Coronavirus Mass Layoffs to Proceed Against Enterprise
I am from Canada and my dad worked at enterprise from 2010 to his passing on February 7 2021. He passed away while working at enterprise due to lack of protocols in the airport location. Wayne Gunderson was one of three deaths since a break out on January 7th , 2021. 23 people were effected on the day. I have tried to hold enterprise accountable for my father passing and two others only a eeek and one month apart , with no luck. Is there anyway I could talk to someone at your firm to assist me to move this lawsuit forward. I have only 6 more weeks to do anything with this matter since the workers compensation board has shut me down. I need a lawyer to push this over the finish line. I hope you can give me some direction.
I started working for enterprise in 2010 before I was laid off in March of 2020 I was no warning or a heads up about the mass layoff that was about to happen they told us when business picks back up I would be able to re apply, and witch I did and was denied employment. I want on on this class action lawsuit please contact me as soon as possible. Thank you.
Before the pandemic was declared, I worked for Enterprise’s National and Alamo Brands at Midway Airport. I asked if I could start wearing PPE. Management told me “No, because it could cause alarm amongst the customers.” I chose to VTO for a week while more information about COVID-19 was being brought to light. By the end of the week, they called and had laid me off. No warning. So please add me.
I was let go in March 16, 2020 and never hired me back.
I was layoff without any notice at enterprise during Covid-19. I was full-time employee and I work in Philadelphia, Pa
I was let go with no notice on 3/12/2020. I was a part time employee in Cincinnati OH please add me.
I was laid off at enterprise my husband too works for them . We were laid off the same day. They did call me back but they did violate the warn act
I worked for Enterprise for what would have been 9 years in June. I was a solid employee with an excellent work performance and ethic. They fired their Full time employees and kept part time they fired their senior employees and jkept the new hires. They didn’t give notice they just sent an email for meeting and fired us in massive groups. They also refused to bring back Oregon eeps whom worked on the phones along with IL and a couple.other states. I was 2 mos away from getting my 21 days paid time and they didn’t pay me as though I had quit or was given a choice. I do believe the way we were fired furloughed led to the death meeting of mass firing was definitely unethical and criminal.
I worked for Enterprise for 35 years. I was let go because of covid they said. The sad part is they kept employees with less seniority They picked and chose who they kept, I was a very dedicated employee but I had to much vacation and my pay was to high to be one of the chosen ones that got to stay.
I worked for Enterprise for what would have been 9 years in June. I was a solid employee with an excellent work performance and ethic. They fired their Full time employees and kept part time they fired their senior employees and jkept the new hires. They didn’t give notice they just sent an email for meeting and fired us in massive groups. They also refused to bring back Oregon eeps whom worked on the phones along with IL and a couple.other states. I was 2 mos away from getting my 21 days paid time and they didn’t pay me as though I had quit or was given a choice. I do believe the way we were fired furloughed led to the death meeting of mass firing was definitely unethical and criminal.