Former Creative Live employee files suit over lay off

By Noddy A. Fernandez | Nov 14, 2018

SAN FRANCISCO – An employee laid off in October by a San Francisco business alleges his employer failed to provide 60 days' notice as required by law.

Justin Barker, and all other similarly situated former employees of Creative Live Inc., filed a complaint on Nov. 1 in the San Francisco Superior Court against Creative Live Inc. and Does 1-5 for allege violation of the federal WARN Act.

According to the complaint, the plaintiff was employed by the defendant between Sept. 12, 2017, and Oct. 12, when the company laid off most of its workforce. The suit states the defendant offered employees two weeks' of severance pay in exchange for a release of claims.

The plaintiff alleges that defendant only gave 14 days' notice instead of the 60 days' notice as required under the federal WARN Act and he and each of the affected employees who did not sign a release are entitled to the value of 46 days' wages and benefits. 

The plaintiff holds Creative Live Inc. responsible because the defendant allegedly failed to provide the 60 days' notice to affected employees as a requirement from the covered employer conducting a mass layoff.

The plaintiff requests a trial by jury and seeks judgment for damages, civil penalties, attorneys' fees, costs of suit, and such other relief as the court may deem proper. He is represented by Heather Bussing of Bussing Law in Healdsburg.

San Francisco Superior Court case number CGC18571051

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