The LulzBot Mini desktop 3D printer prints a final test before being shipped. Joel Blocker/For BizWest

Aleph, in response to layoff suit, says it was fundraising before cuts

LOVELAND — 3D printing company Aleph Objects Inc. broadly denied that it violated federal layoff laws when it cut 90 of its 113 jobs in October, prompting a class-action lawsuit from a former worker.

In a response filed with the U.S. District Court of Colorado Friday, Aleph denied allegations by former employee Zachary Hergenreder that the company violated the Worker Adjustment and Retraining Notification Act by not giving employees 60 days notice that they were being laid off.

Companies with more than 100 employees are required to file advance notices with their state labor departments when laying off more than half of their workforces at a single site. Aleph did not file a notice with the Colorado Department of Labor and Employment, and Hergenreder alleges the company owes back pay and accrued vacation pay to him and about 90 other former workers.

Loveland-based Aleph later sold itself to North Dakota-based Fargo Additive Manufacturing Equipment 3D in November for an undisclosed price.

The company did not offer any explanations or counter-arguments toward any of the lawsuit’s specific claims. However, Aleph said it was in the middle of seeking funding and new business leads and believed filing a WARN notice would harm its attempt to save the struggling company. The law does offer exemptions for the 60-day warning threshold if it is in the midst of trying to right itself by trying to get new customers or investors.

The company also said it gave as much notice as it could to employees who were tapped for layoffs outside of making a public notice.

“Defendant gave plaintiff and any unnamed putative class members as much notice of termination and basis for the length of the notification period as was practicable following its unsuccessful efforts to seek capital or business,” Aleph said in its filing.

It also said some of the employees laid off were hired on a temporary basis and are not eligible to join a class-action lawsuit.

Aleph also argued that employees demanding back wages should be offset by their termination package, and requested the court dismiss the lawsuit with prejudice.

Hergenreder’s attorney Mary Olsen did not respond to a request for comment Monday.

LOVELAND — 3D printing company Aleph Objects Inc. broadly denied that it violated federal layoff laws when it cut 90 of its 113 jobs in October, prompting a class-action lawsuit from a former worker.

In a response filed with the U.S. District Court of Colorado Friday, Aleph denied allegations by former employee Zachary Hergenreder that the company violated the Worker Adjustment and Retraining Notification Act by not giving employees 60 days notice that they were being laid off.

Companies with more than 100 employees are required to file advance notices with their state labor departments when laying off more than half of their workforces at a single site. Aleph did not file a notice with the Colorado Department of Labor and Employment, and Hergenreder alleges the company owes back pay and accrued vacation pay to him and about 90 other former workers.

Loveland-based Aleph later sold itself to North Dakota-based Fargo Additive Manufacturing Equipment 3D in November for an undisclosed price.

The company did not offer any explanations or counter-arguments toward any of the lawsuit’s specific claims. However, Aleph said it was in the middle of seeking funding and new business leads and believed filing a WARN notice would harm its attempt to save the struggling company. The law does offer exemptions for the 60-day warning threshold if it is in the midst of trying to right itself by trying to get new customers or investors.

The company also said it gave as much notice…