WASHINGTON — A day after abruptly closing its doors nationwide, including 10 locations in D.C., Maryland and Virginia, the company that owns the Foxtrot and Dom’s Market chain of food stores was slapped with a class action lawsuit for allegedly violating Illinois and federal labor laws.
“Absolutely ridiculous,” said the attorney bringing the lawsuit, Syed Hussain, of Haseeb Legal, LLC, a plaintiffs litigation firm in Chicago. “Nobody should just go into work, expecting it to be their last day.”
Outfox Hospitality, which is the parent company of Foxtrot and Dom’s Market, is based in Illinois which is why the lawsuit was filed in the Northeast Illinois District of the United States District Court. But Hussain said the federal component will cover former Foxtrot employees in the D.C. area.
“People went into their shift not knowing that they would have to look for a job after they got out of there without having done anything wrong,” Hussain said. “No cause no justification. People were let go and left holding the bag. So, absolutely jarring.”
The lawsuit, which is filed on behalf of former Foxtrot Chicago employee and store manager Jamil Moore, seeks to cover all Foxtrot and Dom’s employees if it’s certified as a class action. Hussain said the company, which informed employees in the D.C. area the chain was closing after stores opened Tuesday leaving employees to escort customers out of the store before locking the doors, violated the Warren Act, a federal law which requires any company with more than 100 employees to give 60 days notice of a mass layoff.
“We're seeking back pay of up to 60 days,” Hussain said, for all employees if the class action is certified. “That's what the damage is under federal law under the Warren Act.”
Hussain is encouraging any former Foxtrot employees in the D.C. area to contact his law firm to join the lawsuit.
“We know that people are afraid of suing their former employer and fear of trying to look for other jobs and being known as the person that sued their employer,” Hussain said. “You have a claim under the Warren Act. They had a duty that they breached in notifying you that this was coming, and they failed to do that.”
“So don't feel bad about suing or bringing claims against your former employer. It is your right, that's what the law affords to you.”
Outfox Hospitality did not immediately respond to a request for comment on the lawsuit.
On Tuesday, the company released a statement which read, "It is with a heavy heart that we must inform you of a difficult decision we have had to make. After much consideration and evaluation, we regret to announce that Foxtrot and Dom’s Kitchen & Market will be closing their doors starting on April 23, 2024." Adding that, "This decision has not been made lightly, and we understand the impact it will have on you, our loyal customers, as well as our dedicated team members."
“I know that Foxtrot and Dom's, they say that they're struggling financially and I'm hearing rumblings of bankruptcy,” Hussain said, but that does not excuse them from the law.
The closure affects two Dom's stores and 33 Foxtrots across Chicago, Austin, Dallas and the D.C. area. If you would like to join the lawsuit against Foxtrot and Dom’s Market, contact Haseeb Legal at (312) 940-9775 or sh@haseeblegal.com.