Class action alleges North Carolina solar company violated federal law with sudden layoffs

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Power Home Solar unlawful termination class action lawsuit overview: 

• Who: Nicholas Bates, Cody Fedder and Elizabeth Dickerson have filed a class action lawsuit against Power Home Solar, which does business as Pink Energy as of April. 
• Why: Bates, Fedder and Dickerson claim Pink Energy unlawfully terminated 1,500 of its workers when it filed for Chapter 7 bankruptcy in September. 
• Where: The class action lawsuit was filed in the United States Bankruptcy Court for the District of North Carolina.

Three former employees of Power Home Solar—doing business as Pink Energy—have accused the company of providing insufficient notice prior to laying off workers before its recent Chapter 7 bankruptcy filing. 

Plaintiffs Nicholas Bates, Cody Fedder and Elizabeth Dickerson claim Pink Energy terminated 1,500 of its employees during a mass layoff they argue was unlawful prior to closing down the business in September. 

Power Home Solar reportedly rebranded itself as Pink Energy in April and filed for Chapter 7 bankruptcy in October while seeking liquidation on more than $100 million in total liabilities, according to Law360. 

Pink Energy reportedly employed 1,500 employees in facilities located in Georgia, Texas, North Carolina, Missouri, Michigan, and Virginia, at the time it chose to shut down its operations while filing for bankruptcy. 

Power Home Solar accused of failing to provide 60-days notice prior to mass layoff

Bates, Fedder and Dickerson argue Pink Energy failed to provide their employees with the required 60-day notice—in alleged violation of the Worker Adjustment and Retraining Notification Act (WARN)—prior to their positions being terminated during the mass layoff. 

“The Defendant violated the WARN Act by failing to give the Plaintiffs and other similarly situated employees of the Defendant at least 60 days’ advance written notice of termination,” states the Power Home Solar class action. 

Bates, Fedder and Dickerson want to represent a class of individuals who were terminated from their employment between Sept. 1 and Sept. 22, 2022 and thereafter without cause.

Plaintiffs are demanding a jury trial and requesting class certification and further relief the court may deem just and proper. 

A similar class action lawsuit was filed against Fanatics in 2020 by a former employee who argued the company violated mass layoff laws by terminating its workers without providing sufficient written notice. 

Have you been unlawfully terminated by your former employer? Let us know in the comments! 

The plaintiffs are represented by Gilbert J. Andia Jr. of Higgins Benjamin PLLC, Stuart J. Miller of Lankenau & Miller LLP, and Mary E. Olsen and M. Vance McCrary of The Gardner Firm PC. 

The Power Home Solar unlawful termination class action lawsuit is Bates, et al. v. Power Home Solar LLC, Case No. 22-50228, in the United States Bankruptcy Court for the District of North Carolina. 

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