Fairchester Snacks Corp. Misclassification Lawsuit

Delivery drivers for Fairchester Snacks Corp. are suing for unlawful misclassification as independent contractors instead of as employees.

 

I. Who are the Defendants?

Fairchester Snacks Corp., Lorenz Schneider Co., Inc. and Yorkshire Food Sales Corp. New York corporations with principal places of business in New Hyde Park, New York.


II. What is this case about?

Misclassification. Independent Contractors at Fairchester Snacks Corporation are classified as independent contractors instead of employees. We claim in this law suit that this is wrong and that Independent Contractors should be classified as employees.


III. What court is the case filed in?

New York. This case is filed in New York Supreme Court in Nassau County.


IV. Should I fear retaliation?

No. It is illegal to retaliate against an employee who joins a lawsuit like this. If you experience retaliation, we will help you.


V. Where can I go to get answers to my questions?

Call us. You are always welcome to call us at Hayber Law Firm who will do their best to answer your questions. Our number is 860-522-8888.


VI. Who are the lawyers representing?

Hayber Law Firm, LLC. and Shulman Kessler LLP. The Independent Contractors who brought this lawsuit are being represented by the Hayber Law Firm and Shulman Kessler LLP. We are experienced lawyers and have successfully handled cases like this in the past.


VII. How much can I expect to get?

It depends. We claim that Independent Contractors should be paid for all unpaid wages, expenditures, costs, deductions, benefits or other losses resulting from Defendants’ misclassification as Independent Contractors


VIII. Will I have to pay any legal fees or costs?

No. We have agreed to work on this case on a “contingency” basis which means that our fee, and reimbursement for our costs, will come, if at all, out of any settlement. The court will closely supervise our fee petition and ensure that it is fair to the class.


IX. What is the status of the case?

The following represents the status of the case as of the date indicated:

DATE

COURT FILING

DESCRIPTION

August 16, 2016 Complaint This is the lawsuit itself which includes the detailed allegations of wrongdoing.
 November 11, 2016  Motion to Dismiss Defendants are seeking to dismiss the case on the grounds that Howard Rhodes, a Connecticut driver, cannot seek to enforce New York’s Labor Laws.
 December 14, 2016  Opposition to Motion to DIsmiss This is Mr. Rhodes’ response to the motion to dismiss

View Original Complaint View Motion to Dismiss View Opposition Motion to Dismiss