Eligible Blue Ridge Power workers laid off around October 17, 2025 may receive automatic payments. Opt out by October 5, 2026; final approval is pending.
What Is the Blue Ridge Power WARN Act Settlement?
A proposed settlement in James Mathes v. Blue Ridge Power, LLC would provide $3,072,482, less specified priority claims attributable to workers who opt out, to resolve allegations that certain employees were laid off without 60 days of advance written notice under the federal Worker Adjustment and Retraining (WARN) Act. Blue Ridge denies liability, and the court has made no liability finding.
According to the September 4, 2026 settlement notice, the Bankruptcy Court granted preliminary approval on August 17, 2026. Final approval is pending.
Who Is Eligible?
The settlement class covers James Mathes and similarly situated Blue Ridge Power employees who:
- Worked at or received assignments from facilities at Blue Ridge’s Fayetteville, North Carolina worksite;
- Were laid off, as defined by Blue Ridge, on or around October 17, 2025;
- Are affected employees within the meaning of 29 U.S.C. § 2101(a)(5); and
- Do not submit a timely opt-out request.
The notice says recipients have been identified as eligible class members. This settlement does not cover every former Blue Ridge employee simply because they worked for the company.
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How Much Will Workers Receive?
Individual payments vary. The personalized notice includes an estimated recovery that already accounts for service payments, counsel fees and administration costs, but does not deduct applicable taxes and withholding. Final amounts depend on court-approved deductions, opt-outs and unclaimed distributions.
The fund also pays administration costs, a proposed $2,000 service payment to James Mathes, and requested counsel fees and costs of up to $1,028,383 plus reasonable actual expenses, subject to court approval. Certain class members will also receive an allowed general unsecured claim treated under the bankruptcy plan. That is not a guaranteed additional cash payment of a specified amount.
Do I Need to Submit a Claim?
No claim form is required. The notice says eligible class members who remain in the settlement do not need to do anything to receive their share. Checks will be mailed after the settlement becomes effective. If your name or address is incorrect, contact Kroll Settlement Administration at (833) 453-3720 or through the official settlement website.
The opt-out form is for excluding yourself and giving up settlement benefits. It is not an application for payment. Signing up for OCA emails does not update your information with Kroll.
What Are the Important Dates?
- October 5, 2026: Opt-out forms must be postmarked by this date.
- November 2, 2026: Written objections must be received by the Bankruptcy Court.
- November 9, 2026, at 10:00 a.m. prevailing Central Time: Final fairness hearing at 515 Rusk Street, Courtroom 404, Houston, TX 77002.
None of these dates is a deadline to submit a payment claim. Check the official website for any court-approved schedule changes.
How Do I Opt Out or Object?
To opt out, complete and sign the official opt-out form with your name, address, telephone number and signature date, and mail it with a postmark no later than October 5, 2026 to:
Mathes v. Blue Ridge Power, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
Bankruptcy restriction: The notice states that workers who opt out are barred from recovery on the allegations unless they timely filed an individual Class Proof of Claim in the Chapter 11 cases by January 9, 2026, at 11:59 p.m. prevailing Central Time. That date has already passed. Opting out does not by itself preserve an ability to recover money. Opt-outs receive no settlement money and cannot object to the settlement.
Written objections must include the case name and number, your name, address, telephone number and reasons for objecting, and be received by the United States Bankruptcy Court for the Southern District of Texas, 515 Rusk Street, Houston, TX 77002, by November 2, 2026. See the full notice for hearing and attorney-appearance procedures. General settlement questions should go to the administrator or class counsel, not the court.
If you remain in the settlement, you will be bound by its release of the covered claims once it becomes effective. The notice also describes disallowance of individual Class Proofs of Claim for participating workers.
When Will Settlement Checks Arrive?
The administrator must mail checks as soon as reasonably practicable, and no more than 30 days after the settlement’s effective date. The effective date depends on final approval and resolution or expiration of appeal rights; it is not necessarily the hearing date. No fixed payment date is available in the notice.
Initial checks must be cashed within 120 calendar days of issuance. If unclaimed funds exceed 10% of the total settlement award amount, a second distribution will go to workers who cashed their first checks. Second-distribution checks have a 60-day cashing period. Awards are reported as wages on Form W-2 and are subject to applicable taxes and withholding.
Settlement Notice and Official Documents
This article summarizes the September 4, 2026 class notice. Review the full notice below and the official documents page for the settlement documents and opt-out form.
Open or download the Blue Ridge Power settlement notice (PDF).
Frequently Asked Questions
Do I need to file a claim form?
No. The notice says eligible class members who remain in the settlement will receive checks automatically. Contact Kroll if your name or mailing address is incorrect.
Is October 5, 2026 a claim deadline?
No. October 5 is the postmark deadline for opting out. Objections must be received by November 2, 2026.
How much will each worker receive?
Payments vary. The individual notice includes an estimated recovery before applicable taxes and withholding; there is no flat payment promised to every worker.
