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The beleaguered Bitwise Industries was hit with not one but two class-action lawsuits from former employees last week — one filed in Fresno County Superior Court and the other in federal court.
The federal lawsuit was filed on behalf of three employees. One of them is Andre Nunn, who appears to be the highest-ranking Bitwise employee to take part in a class-action lawsuit against Bitwise and former co-CEOs Jake Soberal and Irma Olguin.
Family and community mean everything to Andre Nunn, Director of Bitwise Industries. Andre is a single father of two and carries the memories & lessons from his parents in everything he does within the community.
We're grateful you're here on the team, pal. ❤️ #BlackHistoryMonth pic.twitter.com/rZr8nNrQ5S
— Bitwise Industries (@BitwiseInd) February 26, 2022
Nunn is the director of operations for the Bitwise expansion in Buffalo, New York. The other plaintiffs in the lawsuit filed in the Eastern District of California on June 6 are Kassandra Jimenez, who was employed in Fresno as a payroll and compliance accountant and Kaila Webb, a Maine resident who worked remotely as director of business analytics, according to the lawsuit.
The complaints against Bitwise in the federal lawsuit are similar to the suit filed June 7 in Fresno Superior Court by attorneys Roger Bonakdar and Brian Whelan on behalf eight former Bitwise employees.
The federal lawsuit alleges that Biwise was in violation of the Worker Adjustment and Retraining Notification (WARN) Act, which requires employers to give a 60-day notice before mass layoffs. Also included in the lawsuit are violations of the California Labor Code for non-payment of wages and 401(K) contributions.
An attempt to reach a spokesperson for Bitwise was unsuccessful Monday afternoon. The board of Bitwise Industries announced June 3 that Soberal and Olguin had been terminated and that Ollen Douglass was named interim president. Other members of the Bitwise Industries board of directors named in the local class action suit include Mitchell Kapor, Paula Pretlow, Joseph Proietti and Douglass.
The federal lawsuit seeks certification as a class and a judgement in favor of plaintiffs and “affected employees” equal to 60 days of unpaid wages, salary, commissions, bonuses, accrued holiday and vacation pay, pension and 401(K) contributions and other benefits, as well as interest. It also seeks attorney fees.
There were a reported 900 Bitwise employees nationwide and 400 locally.
The lawsuit was filed by Gail C. Lin with law firm Raisner Roupinaian LLP in Westlake Village in Los Angeles County.