A Farmington nutritional supplement manufacturer, which abruptly shutdown last week, is being sued by a former employee for unpaid wages and benefits, according to a recent court filing.
Chris Kingsbury, on behalf of himself and the other 100-plus employees who were laid off on Aug. 17, filed a class action lawsuit days later against Ultimate Nutrition and its affiliate, Prostar Inc., for damages in the amount of 60 days’ pay and other employee benefits for ending operations without proper notice.
Kingsbury claims the maker of protein powder and other exercise supplements violated federal labor laws by not filing a WARN notice with the state Department of Labor (DOL), which requires employers with 100 or more workers planning significant layoffs to provide at least 60 days’ advance written notice of termination.
As of Monday, it appears the company has not yet filed a WARN notice with state labor officials.
The legal scrum between the terminated employees and the roughly 40-year-old manufacturer and distributor began just days after employees of Ultimate Nutrition arrived to work on Aug. 19 to a locked door at the company’s Hyde Road headquarters. A sign taped to the front door stated that workers there were terminated as of Aug. 17.
“We wish you the best of luck in your further endeavors,” the letter said.
An employee who did not want to be identified last week told Hartford Business Journal the company has between 100 to 200 employees at its locations in Farmington, New Britain and Florida.
Brian Rubino, owner of Ultimate Nutrition since 2016, could not be reached for comment Monday regarding the lawsuit.
The company has been registered in Connecticut since the late 1980s, according to the Secretary of the State’s office. It filed for Chapter 11 bankruptcy in Dec. 2014, emerging out of it in April 2016.
According to Ultimate Nutrition’s website, the company was founded in 1979 by Rubino’s father, power lifter Victor H. Rubino. The company says it was one of the first to develop sports nutrition products.