Class Action Settlement Reached in Lawsuit on behalf of Former Spansion Employees
The Spansion WARN Act Class Action Lawsuit
On February 26, 2009, Girard Gibbs LLP and Stueve Siegel Hanson LLP filed a class action lawsuit on behalf of former employees of Spansion who were terminated by the company on or around February 23, 2009. The lawsuit charged Spansion with failing to provide the terminated employees with advanced notice of the layoff, as required by the Worker Adjustment and Retraining Notification Act (“WARN” Act). The lawsuit sought a recovery of up to 60 days worth of back-pay and benefits on behalf of each employee that was laid off. After Spansion filed for Chapter 11 bankruptcy in March 2009, the WARN Act class action was re-filed in bankruptcy court and the Court certified the case as a class action on July 22, 2009.
Settlement
On October 6, 2009, the parties in the lawsuit met with a neutral mediator to discuss a potential resolution to the case, and ultimately came to a settlement of $8.568 million, to be distributed to more than 750 former Spansion employees, including more than 600 terminated employees from the Sunnyvale, California location and more than 150 employees that were let go in Austin, Texas. Pending the bankruptcy court’s approval, each employee will receive a direct cash settlement payment, and some class members will have the option of receiving a portion of their settlement benefits in stock or a liquidated stock distribution.
Settlement Approved by the Bankruptcy Court
On June 3, 2010, the Court granted “final approval” of the settlement. What this means is that class members will receive their settlement checks in the coming weeks. If you have questions about the settlement benefits you may receive, please read a copy of the notice that was distributed to class members in March. You can view a copy of those notices below.
California Class Notice
Texas Class Notice
Am I included in the Spansion WARN Act Class Action Lawsuit?
If you were laid off from Spansion in Sunnyvale, California or Austin, Texas on or about February 23, 2009, you may be a member of the proposed class. To ensure receipt of all settlement-related communications, please fill out the form to the right, and include your current mailing address in the comments section. If you have any other questions, including whether or not you will be included as a class member in this settlement, please fill out the form or call us at (866) 981-4800.
Why Girard Gibbs LLP?
Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been chosen as Superlawyers by Law & Politics, recognizing them as among the top 5-percent of attorneys practicing in Northern California.
Learn more about our California labor law attorneys and WARN Act class action lawsuits.
If you would like to contact one of our California employment lawyers by mail at our California or New York offices, please write to:
Girard Gibbs LLP - San Francisco Office
c/o California Labor Attorneys
601 California Street, Suite 1400
San Francisco, California 94108
Girard Gibbs LLP - New York Office
c/o New York Labor Attorneys
711 Third Avenue, 20th Floor
New York, New York 10017
