Laid off tow years ago (and very happy about it)....the settlement checks keep coming.
What do you know about Scorby vs WF? I see something coming in the mail today and was wondering if anyone knows details?
Thx
9 replies (most recent on top)
This lawsuit is not frivolous. Hundreds of CA employees who were WFH did not receive any reimbursement or upfront money to setup a home office. The employees used their personal cell phones.
WF provided something like $600 at the beginning of pandemic as a general reimbursement. Not having a commute reduced costs during pandemic. This lawsuit is frivolous. Get a lottery ticket instead. BTW, nothing is anonymous. There’s always a digital footprint. Don’t be baited/fooled by “it’s anonymous.”
And people wonder why they’re not backfilling in California.
If this prevails, expect them to take away all WFH privileges up to and including hybrid.
Workers should have been compensated to set up a home office. Most companies offer a WfH stipend. We are using our electricity, internet and space. Some had no office set up ands had to buy everything. Of course the high level employees were in there dedicated home office in their large homes while the lower levels were working on their dining room tables.
LOL!!! What a suit. Probably also first in line complaining of “new” expenses due to commuting.
Alyson Scorby v. Wells Fargo Bank, N.A.
Case No. CIV2100758
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Welcome to the Settlement Website
This website provides information regarding a Class Action lawsuit against Wells Fargo Bank, N.A. (“Wells Fargo”), (Case No. CIV2100758).
Plaintiff Alyson Scorby worked for Wells Fargo in California, and she claims that Wells Fargo failed to reimburse her and other employees for expenses incurred in connection with their work for Wells Fargo. In particular, she claims that during the remote work period caused by the Covid-19 pandemic, she and other employees incurred various necessary and reasonable expenses related to remote work for which she and others have not been reimbursed by Wells Fargo. She seeks reimbursement of such expenses, and she also asserts related claims for restitution, penalties (including claims brought under the California Labor Code Private Attorneys General Act, of 2004 ("PAGA")), interest and attorney fees.
Wells Fargo takes the position that it has always compensated its valued employees in a fair and lawful manner, including with respect to reimbursable business expenses. Wells Fargo contends that it has always maintained a lawful policy, which has allowed California employees to seek and obtain reimbursement for reasonable and necessary business expenses. Furthermore, Wells Fargo contends that, even though it was not required to do so as a matter of law, given the unique circumstances of the pandemic, it nevertheless adopted and published a specific expense reimbursement policy through which employees could seek reimbursement for all necessary and reasonable business expenses incurred during and following the pandemic, including remote work expenses incurred during the remote work period coinciding with the pandemic and associated government orders. Accordingly, it has denied all of the allegations asserted in this litigation, and through this settlement, it has not admitted to any of Plaintiff ’s asserted claims. Nevertheless, because Wells Fargo values its current and former employees and would rather avoid the expense and delay associated with further litigation and instead direct those funds to providing payments to these employees and additional prospective relief, it has chosen to work with Plaintiff to resolve this matter. Put differently, even though it denies the pertinent allegations and contends it acted in a lawful and fair manner, Wells Fargo has chosen to settle this matter, and provide the relief set forth below.
Accordingly, and subject to court approval, the parties have entered a settlement agreement that provides for the certification of a class consisting of all current or former California employees of Wells Fargo Bank, N.A. or one of its affiliates who, while employed, accessed Wells Fargo’s Virtual Private Network during the period from March 1, 2020 through and including May 31, 2022 (the “Class”).[1] Everyone who fits within this definition is a “Class Member” and is receiving this Notice. In addition, each individual meeting the definition of a “Class Member” will be considered an “Aggrieved Employee” under the PAGA statute. Because company records indicate that you are such a person, you are receiving this notice.
Under the settlement, Wells Fargo will make cash payments of $7,500,000 (the “Total Gross Direct Monetary Value”).
The Total Gross Monetary Value will be available for distribution to Class Members who do not opt out of the settlement, after the deduction of (1) any amount awarded by the Court for attorneys’ fees and costs; (2) a payment to Plaintiff for prosecuting the action; (3) the costs of administration of this settlement; and (4) a payment to the California Labor and Workforce Development Agency estimated to be $46,380.94.
Class Members will not be responsible for the above payments—they will come from the settlement fund. Specifically, subject to final approval by the Court, the attorneys for Plaintiff and the Class (herein “Class Counsel”) will be paid a sum sufficient to compensate them for their services in this matter. The company will pay this combined and total sum, which will at most be $3,750,000 for Plaintiff ’s attorneys’ fees and up to $15,000 in taxable litigation costs, from the settlement fund. Class Members will not be required to compensate Class Counsel.
In addition to the payments to Class Counsel, the named plaintiff (Alyson Scorby) may receive a court-approved payment beyond the amount she would receive as a claimant in this action. This payment will be in the amount of up to $10,000, and it will be in compensation for her role as a named plaintiff prosecuting this lawsuit on the behalf of all Class Members, and also in exchange for a complete, general release of claims. Class Members will not be responsible for this payment—it will come from the settlement fund.
The remainder of the settlement fund will then be divided between Class Members. If you do not opt out of the settlement, your estimated gross portion of this payment (your “Settlement Sum”) will be approximately $141, though due to withholdings the net amount will be less. You should consult your tax preparer to determine if it is possible for you to recover any of these withholdings given that the payments here are being deemed payments for incurred expenses.
In addition to the payments set forth above, Wells Fargo has also agreed to certain prospective relief. Under this provision, Wells Fargo will allow Class Members to seek compensation for additional remote work internet expenses incurred during the Class Period, pursuant to Wells Fargo policy, provided such expenses are reimbursable under the policy, proper documentation is provided, and the expenses sought exceed the amount of the payment set forth above as well as any reimbursements previously received from Wells Fargo by that Class Member for the same expenses. Class Members who opt out of the settlement will not be entitled to this relief under this settlement. The potential value of this prospective relief is in addition to the payments described above, and it therefore provides additional consideration to the Class Members.
Specifically, if the settlement is approved, each Class Member will be eligible to submit to Wells Fargo any previously unreimbursed reasonable and necessary business expenses they have incurred during the Class Period without regard to any express or implied deadlines to submit those expenses under Wells Fargo’s reimbursement policy. Class Members will instead be subject to the deadline in subsection (c) below. If the settlement is approved, you will receive a notice of entry of judgment confirming such approval and advising you on how you then can, if you so choose, submit for additional expenses subject to the below conditions, and you should await that notice before making any such submissions. Wells Fargo will process such submissions from Class Members pursuant to its COVID-19 Working From Home Expense Reimbursement Policy and provide reimbursement pursuant to that policy, provided that (a) the Class Member provides documentation reasonably establishing that the expense was incurred for, and allocable to performing remote work performed for Wells Fargo during the Class Period on a non-voluntary basis (i.e., not incurred due to a Class Member’s personal choice to work remotely, but instead was compelled by Wells Fargo or government directive); (b) the eligible and properly documented expenses that are submitted exceed the amount of an individual Class Member’s portion of the settlement fund set forth above (i.e., the Class Member’s payment amount above will be credited to the benefit of Wells Fargo against any such submission) as well as any reimbursements previously received from Wells Fargo by that Class Member for the same expenses; and (c) the submission is made within 180 days from the date of issuance of this notice.
To be clear, Class Members need not take any action to receive the Settlement Sum set forth above. If you take no action and do not opt out of the settlement, and the settlement is then approved by the Court, you will receive a payment of approximately $141 and will not be required to submit any documentation or other materials to receive this payment. In addition, if you take no action and do not opt out of the settlement, and the settlement is then approved by the Court, then you will receive a supplemental notice informing you that the judgment has been entered and provided instructions on how to pursue the additional relief set forth above if you choose to do so.
You do not need to do anything to be sent your settlement payment. While it remains uncertain when this check will be sent, it will take several months for the settlement to be reviewed and the payments to process, such that payments will likely not issue until the first half of 2024. While this is an approximation, the present estimate is that these payments will be sent to those who do not opt out of the settlement on or before February 2024.
The purpose of this website is to inform you of the proposed Settlement and of your options. Each option has its consequences, which you should understand before making your decision. Your rights regarding each option, and the steps you must take to select each option, are summarized below. Wells Fargo has entered into this settlement voluntarily and for the reasons set forth above. As such, and consistent with company principles as well as pertinent law and to the extent you still work for Wells Fargo, your decision about whether to participate in this settlement will have no effect on your current employment with Wells Fargo.
A summary of your options is as follows:
You may choose to remain a Class Member and receive your Settlement Sum. To remain a Class Member and be mailed your share of the settlement following and assuming approval of the settlement by the Court, you need not take any action.
If you do not wish to be part of this settlement, you may elect to “opt out” of the Class and thus exclude yourself from this action and the associated Class settlement and judgment. Class Members who opt out of this action would remain free, subject to the statute of limitations and applicable statutory, common law or other restrictions, to bring against Wells Fargo otherwise viable claims encompassed by this settlement and associated release. Individuals who opt out of the Class will, however, still be considered Aggrieved Employees under the PAGA and will be subject to the release set forth below for PAGA Released Claims.
If you decide to opt out, you will not be allowed to object to this settlement. The deadline to opt out is October 30, 2023. This deadline is final, and forms not postmarked before the deadline will not be honored. IF YOU OPT OUT OF THE SETTLEMENT, YOU WILL NOT RECEIVE A SETTLEMENT SUM PAYMENT AND WILL RECEIVE ONLY THE SMALLER AGGRIEVED EMPLOYEE PAYMENT.
To elect to opt out of the lawsuit and associated Class settlement, you must send a letter with your signature to the Settlement Administrator and also to Class Counsel stating “I wish to opt out of the Scorby class action settlement, and to exclude myself from the associated Class Member settlement and judgment.” You will also need to include your name, address, phone number, and your employee ID number or the approximate dates of your employment with Wells Fargo.
If you have not opted out of the settlement as set forth above, you may participate in this lawsuit at your own expense by obtaining your own attorney (you will be responsible for any attorney fees or costs incurred as a result of this election), and/or you may submit written objections to the settlement by mailing them to the Settlement Administrator and Class Counsel. The deadline to take such action and mail any objections is October 30, 2023. Late objections will not be valid. Class Counsel and counsel for Wells Fargo will present these objections to the Court.
If you have additional questions about the Settlement, you may contact the Settlement Administrator:
Scorby v Wells Fargo Settlement Administrator
c/o Rust Consulting, Inc. - 8380
PO Box 2396
Faribault, MN 55021-9096
Phone: 800-417-7040
E-mail: info@2100758settlement.com
You can also get more information about the Settlement by contacting Class Counsel:
WYNNE LAW FIRM
EDWARD J. WYNNE
GEORGE R. NEMIROFF
Wood Island
80 E. Sir Francis Drake Blvd., Ste. 3-G
Larkspur, CA 94939
415-461-6400
ewynne@wynnelawfirm.com
CLAPP & LAUINGER LLP
JAMES F. CLAPP
701 Palomar Airport Road, Suite 300
Carlsbad, California 92011
760-209-6565 ext. 101
jclapp@clapplegal.com
Please do not contact the Court.
[1] The class excludes Wells Fargo internal counsel working on or otherwise assisting with the defense of the Litigation and all personnel actively assisting or otherwise consulting with Wells Fargo internal and external counsel on the Litigation, as well as all Wells Fargo officers and directors and other executives with authority for making decisions related to the Litigation or the policies at issue in the Litigation. The class also excludes certain individuals who are pursuing their claims separately
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Last Updated: 9/8/2023
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Looks like she's using because she thinks WF should pay for her home office
Look it up!
Surprisingly, Wells Fargo denies allegations 😂.