ARMONK, N.Y. A lawyer assisting A&P employees with grievances about their employment status in association with the store closing said A&P may have violated state and federal WARN Act laws that require businesses to give early warnings of closings.
The employees, who were transferred to the Armonk A&P from other A&Ps a few months ago, claim A&P was aware when they were transferred that it would close soon but didnt notify them. The store closed Tuesday.
Douglas Lipsky, an attorney at Bronson Lipsky, a New York firm that specializes in employment litigation, said the federal Worker Adjustment and Retraining Notification Act requires companies to give workers 60 days written notice of store closings and the New York State WARN Act requires 90 days written notice.
If A&P knew they were closing when these workers started in Armonk, they violated the laws, he said.
Joe Suarez, an A&P deli manager, said he provided documents to Lipsky that confirm CVS signed a lease to occupy the A&P store last April, confirming A&P's knowledge of the closing. He started working in the Armonk store a few months ago and said he wasnt notified of the closing at the time of his transfer. He didnt accept a position at another A&P after the Armonk store closed.
Marcy Connor, an A&P spokesperson, said the supermarket chain did not violate any laws.
We believe that we complied with the New York State WARN Act by providing associates with as much notice as was practicable when we became aware that we lost our lease on the Armonk A&P store, she said.
Lipsky said a class action suit on behalf of the A&P employees may be merited but declined to comment on what action he may take.
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