Former employees accuse Northern Metal Fab. Inc. of mass layoff without proper notice

Walter E. Hoffman US Courthouse
Walter E. Hoffman US Courthouse
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Dozens of former workers are seeking legal remedies after alleging they were abruptly terminated from their jobs without the required advance notice or compensation, raising concerns about compliance with labor laws and employee protections. The complaint was filed by Eric Cooper on April 16, 2026, in the United States District Court for the Eastern District of Wisconsin against Northern Metal Fab. Inc., Jeffrey Jacobson, and John Felix.

According to the filing, the plaintiff brings this action individually and on behalf of approximately 57 other similarly situated former employees who worked at facilities operated by Northern Metal Fab. Inc., located at 500 Evergreen Street and 510 Vandeberg Street in Baldwin, Wisconsin. The complaint states that on March 30, 2026, at least 58 employees—representing over one-third of the workforce—were terminated “unilaterally and without proper notice.” Cooper alleges he worked for two to three weeks prior to his termination without receiving pay.

The lawsuit asserts multiple violations under federal and state law, including the Fair Labor Standards Act (FLSA), Employee Retirement Income Security Act (ERISA), Wisconsin Minimum Wage Law, Wisconsin Business Closing and Mass Layoff Law (Wisconsin WARN Act), as well as claims under Wisconsin common law. Specifically, Cooper claims that neither he nor other affected employees received the “requisite 60 days’ advance written notice” mandated by the Wisconsin WARN Act before being laid off.

In addition to allegations regarding lack of notice for termination, Cooper contends that his work-sponsored health insurance plan was canceled effective February 28, 2026—nearly a month before his employment ended—despite ongoing paycheck deductions for premiums. He reports not having been refunded these deducted amounts: “Plaintiff has not been refunded the premiums he paid toward the policy.” Furthermore, Cooper alleges that required employer contributions to his retirement account were not made during this period.

The complaint details how both Jeffrey Jacobson and John Felix are named as individual defendants due to their roles as owners and officers with substantial control over employment practices at Northern Metal Fab. Inc. It is alleged that they oversaw pay schemes at issue and held authority over hiring decisions: “Mr. Jacobson and Mr. Felix put the pay scheme at issue in place…and are therefore individually liable for the violations at issue.” According to Cooper’s filing, until March 30 there was no indication among staff that such layoffs were imminent.

Legal arguments presented include claims that Defendants failed to provide adequate notice under both federal FLSA regulations and state wage laws regarding terminations and wage deductions. The complaint further alleges Defendants did not notify relevant state agencies or affected employees as required by law: “Defendants have provided no notice to the Wisconsin Department of Workforce Development to date.” Additional counts address alleged failure to pay minimum wages owed for work performed prior to termination; improper cancellation of health benefits despite premium payments; failure to transfer retirement deductions into employee accounts; unjust enrichment; breach of fiduciary duty under ERISA; breach of contract; and requests for declaratory relief regarding benefit obligations.

Cooper seeks certification of two classes: one consisting of all employees terminated in connection with the March 30 layoff who did not receive timely WARN Act notices; another including all former employees who paid full health insurance premiums but were denied benefits after February 28, 2026. The lawsuit asks for a range of remedies including back pay under WARN Act provisions, recovery of unpaid wages under FLSA and state law, reimbursement or provision of owed health insurance benefits under ERISA plans, restoration or refunding of withheld retirement contributions, liquidated damages where applicable, attorney’s fees, costs associated with litigation, pre-judgment interest, post-judgment interest, a jury trial demand, as well as any further relief deemed appropriate by the court.

The case is represented by attorneys Nathan E. DeLadurantey (Waukesha) along with J. Gerard Stranch IV and Mariah S. England (Stranch Jennings & Garvey PLLC). The case number is 26-cv-662.

Source: 226cv00662_Cooper_v_Northern_Metal_Fab_Inc_Complaint_Eastern_District_Wisconsin.pdf



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