Level Solar sued for insufficient worker termination notice

A Manhattan solar energy company that shut its doors last month failed to follow state rules for adequately notifying its more than 200 workers of its intent to close, according to a lawsuit filed last week.

The suit, filed in State Supreme Court in Manhattan, accuses Level Solar of failing to comply with state Worker Adjustment and Retraining Notification Act rules requiring 90-day written notice of employee terminations for workers let go without cause. It seeks to recover up to 60 days wages and benefits for the approximately 225 workers that plaintiffs believe were terminated Sept. 19. The suit, filed by Manhattan firm Outten & Golden, seeks class-action status.

Level Solar, which canvassed for sales across Long Island and was considered one of the top five solar companies in terms of customers, “failed to pay” former workers “their respective wages, salary, commissions, bonuses, accrued holiday pay and accrued vacation for 60 days” after they were fired.

Newsday reported last month that Level’s board of directors terminated employees at its Ronkonkoma, Hicksville, Staten Island and Manhattan offices. An emailed memo said, “Due to unforeseen circumstances, we have no choice but to suspend the operations of Level Solar and terminate employees effective immediately.” PV Magazine first reported on the lawsuit.

Attempts to reach Level Solar officials were unsuccessful.

The company’s website has been suspended, and calls to the company’s Long Island and Manhattan offices were not answered.

In 2015, the company reached an agreement to borrow up to $25 million from the state’s Green Bank program.

Former employees said signals of the company’s impending collapse had been apparent for months.

Michael Giordano, a former “ambassador” for Level Solar, as its outside sales canvassers were called, said he frequently worked more than 40 hours a week but never received overtime pay. He said the company canceled his health insurance in February.

Giordano said he ran events seeking to recruit customers to the “no-money-down” business model.

“It was very, very disorganized,” said Giordano, who left the company in February.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.