CHARLESTON — West Virginia Attorney General Patrick Morrisey’s has released new information about the investigation into alleged violations by Alecto Healthcare Services, former owner of the Fairmont Regional Hospital of the WARN Act.
The WARN Act requires employers with 100 or more employees to provde a 60 calendar-day notice prior to a closure or layoff.
Morrisey has requested members of the Marion County Commission and Fairmont Mayor Brad Merrifield Immediately consider an investigation into Alecto Healthcare Services and potential litigation.
The letter notes investigators received multiple complaints that Fairmont Regional’s owner, Alecto Healthcare Services, may have suspended operations prior to the conclusion of a mandatory notice period. If accurate, the early closure may entitle the relevant local government to a civil penalty of up to $500 for each day of the violation.
“Local officials should give immediate consideration to our referral,” Attorney General Morrisey said. “The 60-day notice mandated by federal law is an important requirement. It is vital for affected employees who must transition and crucial for local governments left to cope with the economic impact. Prompt action against any business that allegedly violates this law helps ensure future compliance.”
When local government jurisdictions overlap, the notice must be provided to the locality to which the employer paid the highest taxes during the preceding year.
Other Fairmont Regional employees with complaints related to wage or benefit payment issues are asked to complete this form with the ubmit an official request for assistance to the West Virginia Division of Labor. The complaint form can be completed online.