Foxtrot Parent Company Faces Possible Class Action Lawsuit
CHICAGO — A former employee of Foxtrot Market filed a proposed class action lawsuit against the upscale convenience retailer's parent company, Outfox Hospitality, one day after it abruptly halted all operations.
Plaintiff Jamil Moore, who worked at a Foxtrot store in Chicago's Old Town neighborhood, alleges that all employees were terminated without prior notice, which may violate the federal and state Worker Adjustment and Retraining Notification (WARN) Act, according to an Axios Chicago report.
The WARN ACT requires most companies with 100 or more employees to provide notification 60 calendar days in advance of planned closings and mass layoffs.
Moore, who stated that he was terminated mid-shift the morning of April 23 along with other employees who lost their jobs without notice, claims that Outfox Hospitality did not pay out employees' wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, and/or accrued personal time off for the required 60 days. The lawsuit is seeking other class-action members.
"The termination of hundreds of employees across the country with no notice is abhorrent and should be made an example of. Hundreds in Chicago alone are now without work," Syed Hussain, Moore's attorney, told USA TODAY. "Employees should never be afraid to stand up for their rights afforded to them. It takes just a few brave people to be at the forefront of this litigation and fight the good fight.”
The sudden closing of Foxtrot — which operated 33 convenience stores in Chicago, Washington, D.C., Dallas and Austin, Texas, and two Dom's Kitchen & Market locations — came less than six months after the companies announced their merger. Foxtrot cofounder Mike LaVitola stepped up to lead the combined company.
Earlier this year, Foxtrot was named one of the Top 10 Brands to Watch in 2024 by data analytics firm Placer.ai.
No specific reason has been given for the shutdown and Outfox Hospitality has not responded to media requests for comment, but a message on Dom's website stated that the company "explored many avenues to continue the business but found no viable option despite good faith and exhaustive efforts."