Redfeather v. Embee Processing LLC, All Metals Processing of Orange County, LLC, et al.,

Orange County Superior Court Case Number 30-21021-01195763-CU-OE-CXC
(Consolidated with Case Nos. 30-2021-01223644-CU-OE-CXC and Related to Case Nos. 30-2022-01244250 and 30-2022-01299047)

May 10, 2024

[first_name] [last_name]
[address_1]
[city], [state] [zip_code]

Re:      Compensation – Disputed Wage Claim Release ($350)

You are receiving this letter because you worked for Embee Processing, LLC or All Metals Processing of Orange County, LLC (hereinafter referred to jointly as “Company” for convenience). Three former employees, Corina Redfeather, Marcelino Peralta Vallejo, and Jose Peralta Vallejo, commenced a class action lawsuit against the Company alleging that the Company failed to pay all wages, failed to provide meal and rest breaks, failed to reimburse business expenses, and other related claims. These former employees are also trying to assert the same claims on your behalf. The court has not determined if the former employees will win any of the claims in the lawsuit. The court also has not determined whether the lawsuit may proceed as a class action on behalf of you or any other employees. The lawsuit has been going on since April 2021. Trial has not been scheduled yet, and the case could take one to two additional years or more to reach a final resolution, and even longer if any party files an appeal.

Copies of the Complaints filed by the employees are available at on the Important Documents tab.

The two primary claims are meal break violations and time punch rounding. The Company denies all claims and specifically contends that its time-rounding practice was not designed to deprive employees of wages. The Company contends that its time system was designed to be fair and neutral. Moreover, the Company contends that at all times it has provided its employees with the opportunity to take timely meal breaks of at least thirty minutes as well as rest breaks during which employees were relieved of all duties. Thus, the Company denies that it owes any sums to you creating a genuine, bona fide dispute.

However, in an effort to resolve any dispute that may exist between you and the Company, the Company offers you Three Hundred and Fifty Dollars ($350.00) (“Compensation”) to resolve all claims arising from and related to the manner in which the Company compensated or compensates you, for the period from April 16, 2017, through the date you sign the Release of Claims. You are free to accept this offer, or not. The decision is completely up to you. There will be no negative consequences to you if you choose not to accept.

You can review documents and sign the Release of Claims so that you get a settlement check sent to you by accessing the form using your unique individualized link: https://embeeampwageclaims.com/[claim_id]/[pin].

By signing the Release of Claims and by cashing the check, you and the Company agree as follows:

  1. You Have Been Informed. You have been informed of the pending litigation, Redfeather v. Embee Processing LLC, All Metals Processing of Orange County, LLC, et al., Orange County Superior Court Case Number 30-21021-01195763-CU-OE-CXC (Consolidated with Case Nos. 30-2021-01223644-CU-OE-CXC and Related to Case Nos. 30-2022-01244250 and 30-2022-01299047) (the “Action”), brought by former employees against the Company on your behalf, which claims the Company disputes, and you have agreed to enter into a release of those claims. You have had an opportunity to review the Complaints in the Action.
  2. Genuine Dispute. You agree that there is a genuine dispute about whether the Company owes you any sum whatsoever and you acknowledge that payment of the Compensation is conditioned upon and is consideration for the Release of Claims herein and that you would not be entitled to the Compensation without providing to the Company the Release of Claims.
  3. Consideration. In exchange for your Release of Claims you are receiving a lump sum of Three Hundred and Fifty Dollars ($350.00). You and the Company believe that this is a fair and equitable resolution of disputed claims.

If you have any questions about the lawsuit, you may contact counsel for the former employees, or the Company’s HR Director, Bea Cervantes, directly at (714) 828-8238 x2106 or Beatrizc@ampoc.com.