A former employee is suing Outfox Hospitality a day after the parent company announced the closure of all Foxtrot and Dom’s Kitchen and Market locations.
Jamile Moore was one of thousands of Foxtrot and Dom’s Kitchen and Market employees “terminated immediately” from stores in Austin, Dallas, Chicago and Washington D.C., following news of the closures, according to the lawsuit, filed in an Illinois court on Wednesday.
The lawsuit, which is currently seeking other class-action members, alleges that no employee got prior notice about the layoffs, which may violate the federal and state Worker Adjustment and Retraining Notification Act (WARN). The WARN Act requires employers to provide at least 60 days advance written notice of a closure.
“The termination of hundreds of employees across the country with no notice is abhorrent and should be made an example of. Hundreds in Chicago alone are now without work," Syed Hussain, Moore’s attorney, told USA TODAY. "Employees should never be afraid to stand up for their rights afforded to them. It takes just a few brave people to be at the forefront of this litigation and fight the good fight.”
Outfox Hospitality didn't immediately respond to messages seeking comment on the lawsuit.
Here’s what we know.
Foxtrot and Dom’s Kitchen & Market are Chicago-based upscale grocery store concepts that had more than 30 locations across the country.
They also served as a restaurant space for customers, according to reporting by the Austin American Statesman, part of the USA TODAY Network.
News of the closures was abrupt, with many employees reporting that they weren’t aware their store was closing until they showed up to work Tuesday.
Monica Perez, who worked at Dom’s Kitchen & Market store in Chicago, told CBS News that she “didn't even get a call from a manager."
"I showed up like a regular day," she said.
It wasn’t long before grocery delivery service was halted, mobile apps went dark, and store credit cards were cut off. Account credits and member perks for both grocers were voiced, CBS News reported.
Both Outfox Hospitality brands posted the same statement across social media platforms and online to announce the shuddering, citing financial challenges as the reason for the “difficult decision.”
"We understand the impact it will have on you, our loyal customers, as well as our dedicated team members," management wrote. "We understand that this news may come as a shock, and we apologize for any inconvenience it may cause."
The statement said that the closures would affect two Dom's stores and 33 Foxtrots in Chicago, Austin, Dallas and the Washington, D.C. area.
"We explored many avenues to continue the business but found no viable option despite good faith and exhaustive efforts," management said.
Moore is seeking “only damages and any other form of relief” that are a direct result of the labor violations inflicted on all Foxtrot and Dom’s Kitchen & Market employees on Tuesday, April 23, according to the lawsuit.
That includes compensation for the 60-day notice period that should have been paid under the state and federal WARN Act, according to the lawsuit.
Moore hopes to help other laid off workers with the suit, proposing that all former Outfox Hospitality employees should receive 60 days' worth of “unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, accrued PTO, pension and 401(k) contributions, and other benefits” following notice of termination."
To take part in the proposed class-action lawsuit against Outfox Hospitality, contact Haseeb Legal at (312) 940-9775 or [email protected].
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