Finkler v. Elsinore Shore Associates

COHEN, Senior District Judge:

This Worker Adjustment and Retraining Notification Act (“WARN”) action instituted by captioned plaintiffs against the captioned defendants, is presently before the court on a motion by the defendants to dismiss the plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(6). Defendants contend that plaintiffs have not stated claims upon which relief can be granted. Plaintiffs, however, have stated at least two valid claims, contending defendants violated the “WARN” Act, and breached their contract for retroactive pay benefits. We hold that these are claims upon which…