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Gap layoffs class action lawsuit overview:
- Who: Ian O’Reilly filed a class action lawsuit against The Gap Inc.
- Why: O’Reilly claims Gap failed to provide its remote workers with 60 days notice prior to terminating them during a mass layoff in April 2023.
- Where: The class action lawsuit was filed in California federal court.
Gap failed to give any of its remote-working employees the legally required sixty days notice prior to the clothing retail company conducting a mass layoff in April 2023, a new class action lawsuit alleges.
Plaintiff Ian O’Reilly claims Gap is required by the federal Worker Adjustment and Retraining Notification Act (WARN) to provide at least 60 days notice to its employees before conducting a mass layoff.
O’Reilly argues Gap did give the required 60 days notice to in-person workers at the company’s San Francisco headquarters when it conducted its mass layoff in April 2023, yet failed to provide the same notice to employees who worked remotely.
“Gap Inc. gave Mr. O’Reilly only fifteen days notice of his termination in the mass layoff because he was a remote employee,” the Gap class action states.
O’Reilly wants to represent a nationwide class of individuals who worked remotely for Gap out of its San Francisco headquarters and were terminated during the mass layoff in or around April 2023 without being given 60 days notice.
Gap offered standard transition benefits plan to employees who agreed to release company from WARN claims, says class action
O’Reilly argues Gap offered to provide its standard transition benefits plan to all employees who were eligible, but only if the terminated workers released the company from claims they violated the WARN act.
“Gap Inc. offered Mr. O’Reilly its standard transition benefits (which, given his salary, position and tenure, amounted to eight weeks of severance), but only if he signed a waiver of his claims under the WARN Act. He did not sign,” the Gap class action states.
O’Reilly is demanding a jury trial and requesting an award of compensatory damages for himself and all eligible class members.
A separate class action lawsuit was filed against Gap last year over claims the company failed to make its website fully accessible to and individually usable by individuals who are blind or visually impaired.
Were you terminated during a mass layoff without being given 60 days notice? Let us know in the comments!
The plaintiff is represented by Benjamin Rudolph Delson, Attorney at Law.
The Gap layoffs class action lawsuit is O’Reilly, et al. v. The Gap Inc., Case No. 3:23-cv-04002, in the U.S. District Court for the Northern District of California.
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2 thoughts onGap class action claims retailer failed to provide required notice prior to mass layoffs
hi I didn’t receive the postcard it went to previous address and wasn’t forwarded can you please call me 916-7552828
i was also employed by gap inc as a remote worker that was affected by the massive layoffs. unfortunately I did sign the transition agreement only to help with my financial burden ( rent, bills, food ) to help cover with living due to the short notice