Proposed Class Action Against Fresh & Easy

Proposed Class Action Against Fresh & Easy For Denying Workers’ PTO

Fresh & Easy
February 24, 2016

no-link

Fresh & Easy LLC was hit with a proposed class action Wednesday in Delaware federal court accusing the bankrupt grocery chain of failing to reimburse employees for unused vacation days when they leave the company.

A former hourly employee at a Las Vegas store location, said in an adversary complaint that the company promised that employees won’t forfeit their accrued paid time off days when leaving the company for whatever reason.

The employee was given a written separation notice in October that stated the company would only pay accrued and unused PTO for employees in California, not those in Nevada or Arizona. The employee seeks to represent a class of Arizona and Nevada employees who weren’t compensated for their accrued PTO when they were terminated, under breach of contract, promissory estoppel, and penalties.

Fresh & Easy grocery store chains have been around since 2006, but the company has struggled and has filed bankruptcy twice. The business is currently in wind-down mode, recently selling 8 stores to CVS.

Lewis is represented by Edward J. Kosmowski of the Law Office of Edward J. Kosmowski LLC and Mark R. Thierman, Joshua D. Buck and Leah L. Jones of Thierman Buck LLP.

  Fresh & Easy is represented by Norman L. Pernick, J. Kate Stickles, Patrick J. Reilley and David W. Giattino of Cole Schotz PC and Michael L. Gallion, David Van Pelt and Kathryn Visosky of Sheppard Mullin.

Also see:
Former Fresh & Easy Employees May Have Claims To Unpaid PTO
Fresh and Easy adv. Lewis

Overtime Calculator

Ensure you are getting paid properly for your regular and overtime wages.

Grab your paystub and calculate overtime.

What Our Clients Say

I am so pleased with this law firm and their expertise and assistance in my class action case. We worked together for 3 1/2 years, they were always responsive, helpful and reassuring if I had any questions or concerns. They have also received multiple calls from other members of the class action and have been responsive to those calls coming in too. I never for one moment had any complaints whatsoever and would highly recommend them to anyone.

So in regards to the people of Nevada vs DETR, Mark is a non-stop, guns blazing, no BS kind of attorney. This guy just doesn't back down. I'd hate to be on the wrong end of a lawsuit facing this firm. To the people who are concerned that they aren't being heard, you must realize the absolute burden that every individual case adds to the class action. I haven't had my calls or emails returned, even offered to pay for a face to face consultation, and still no response, and that's okay... I also understand that I am just one of thousands of people with the same issue. Thank you mark for representing the people of this state, and not giving into DETR's BS. Keep up the amazing work!

Great firm to deal with. Listened to all aspects of our case and was able to come out with a positive ruling. Highly recommend them to anyone out there needing help with a class action suit.

We're Listening

Get in touch today and receive a complimentary consultation.