Update in Misclassification and Unpaid Overtime Lawsuit Against Alternate Solutions Health Network

Our skilled wage and hour lawyers have secured a major update in the ongoing misclassification and unpaid overtime case against Alternate Solutions Health Network. The Court has recently ordered that notice of the lawsuit be sent out to all eligible current and former employees of Alternate Solutions so they have the opportunity to join the lawsuit. 

What Does This Mean?

The Court has ordered that notice of the lawsuit be sent to all eligible current and former home health professionals and nursing/assistant employees of Alternate Solutions who worked for at least 40 hours in any workweek since February 14, 2022, through the present. These employees are eligible to join this lawsuit. Only those individuals who join the lawsuit by returning the Consent Form will be eligible to receive a portion of any settlement or judgment that is reached in the case.

This notice will be sent to all eligible Alternate Solutions employees by email and U.S. mail, and the consent form attached to the notice must be returned by the deadline included in the notice and consent form to join the case. 

Alternate Solutions Health Network Has Agreed to Discuss a Settlement.

In addition to this notice being sent to all of the eligible employees, Alternate Solutions has informed the Court that it will be pursuing a “mediation” for everyone who chooses to join the case by returning the consent form attached to the notice. “Mediation” is a settlement negotiation in which the two sides attempt to reach a settlement that may result in payments to everyone who chooses to join the case. In other words, if you would like to have your claims included in those settlement discussions, then you should join the lawsuit.

What Could I Receive If I Join the Lawsuit?

If you are eligible to participate in the lawsuit and choose to join, you will be entitled to share in any settlement or judgment that is obtained. If we can demonstrate that you were not properly paid for all overtime work performed for one or more reason(s), the law provides that you could receive the following: (1) unpaid overtime for up to the last three years of work; (2) liquidated damages in an amount equal to the unpaid overtime (i.e., the potential for double [2x or 200%] damages); and (3) attorneys’ fees and costs. The parties intend to discuss a monetary settlement for individuals who join the lawsuit at mediation after the period to join the lawsuit ends.

Can Alternate Solutions Retaliate Against You for Joining the Lawsuit?

Please understand that it is illegal for Alternate Solutions to retaliate against you for joining this Case, or to discourage you from joining it. Any retaliation that you suffer from Alternate Solutions may result in you having additional claims against the company for further compensation. If you feel as though you have been retaliated against or discouraged from joining this Case, please reach out to our office to discuss your legal rights.

What If I Did Not Receive a Notice and Consent Form?

If you did not receive a copy of the Court-Approved Notice, that does not necessarily mean that you cannot participate in the lawsuit. The notice is being sent by mail and email. Alternate Solutions may not have provided your current mailing address, or the notice may get lost in the mail or blocked by your email. As with the mail, you may not receive the email notice because Alternate Solutions may not have provided your current email address, or Alternate Solutions may not have provided an email address for you at all. If the notice was emailed to the correct address, it may also get stuck in a “spam” or “junk” folder, even though the notice and consent are Court-ordered documents and not solicitations. 

If you believe that you are eligible to join this lawsuit against Alternate Solutions but did not receive the Court-Approved Notice or Consent Forms, you should contact our experienced unpaid overtime attorneys at 614-618-4652 or by sending an email to contact@mcoffmanlegal.com to discuss next steps.