Blue Ridge Power WARN Act Settlement, Check If You Qualify, James Mathes v. Blue Ridge Power, LLC, Adversary No. 25-03828
If you worked at or were assigned to Blue Ridge Power’s Fayetteville, North Carolina facility and were laid off on or around October 17, 2025 — yes, you’re included, and you don’t need to file anything. Blue Ridge will pay $3,072,482 to settle claims that it laid workers off without the 60 days’ notice the WARN Act requires. Checks go out automatically once the court gives final approval.
Blue Ridge Power WARN Settlement — Key Facts
| Field | Detail |
| Settlement Amount | $3,072,482, less amounts owed on certain priority claims for anyone who opts out |
| Claim Deadline | None — there is no claim form. Distribution is automatic |
| Who Qualifies | Employees who worked at or were assigned to the Fayetteville, NC facility and were laid off on or around October 17, 2025, who qualify as “affected employees” under 29 U.S.C. § 2101(a)(5) |
| Estimated Payout | Individualized — each Class Member’s specific estimate was mailed with their personal notice |
| Proof Required (Yes/No) | No — no claim form exists for this settlement |
| Settlement Status | Preliminarily approved August 17, 2026; Final Fairness Hearing set for November 9, 2026 |
| Court & Case Number | U.S. Bankruptcy Court, Southern District of Texas, Houston Division — Adversary No. 25-03828 (In re Pine Gate Renewables, LLC, et al., Case No. 25-90669 (CML)) |
| Law Alleged | Federal Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. § 2101, et seq. |
| Administrator | Kroll Settlement Administration LLC |
| Official Claim Site | None to file with — informational site: blueridgewarnactsettlement.com |
| Last Updated | September 5, 2026 |
Who Is Blue Ridge Power, and Why Is It Being Sued Over the Fayetteville Layoffs?
Blue Ridge Power was the solar construction arm of Pine Gate Renewables, one of the country’s larger utility-scale solar developers. On November 6, 2025, Blue Ridge and 118 affiliated Pine Gate entities all filed for Chapter 11 bankruptcy together in Houston. James Mathes, a former Fayetteville employee laid off weeks earlier, says the company skipped the 60 days’ written notice federal law requires before a mass layoff — and filed this case as an adversary proceeding inside that same bankruptcy.
What Happened at Blue Ridge Power’s Fayetteville Facility?
On or around October 17, 2025, Blue Ridge laid off employees who worked at or reported to its Fayetteville, North Carolina site. Under the WARN Act, employers with 100 or more workers generally have to give 60 days’ written notice before a mass layoff — time meant to let people line up new jobs or benefits before the paycheck stops. Mathes’ complaint, filed November 17, 2025, says that didn’t happen here.
Blue Ridge has denied liability and hasn’t even filed a formal answer to the complaint. Both sides reached a settlement instead, dated March 31, 2026, “to avoid the risk, expense, and uncertain outcome associated with continued litigation” — the Notice’s own words for why this ended in a deal rather than a ruling.
Here’s the honest math on the fund: Class Counsel can collect up to $1,028,383 in fees, plus actual expenses, and Mathes gets a separate $2,000 service payment for serving as Class Representative. That’s roughly a third of the $3,072,482 total spoken for before administration costs even come out — leaving a bit over $2 million to split among the Fayetteville workers who don’t opt out.
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Are You Part of the Blue Ridge Power WARN Settlement?
Here’s exactly how to know if this one includes you.
You’re a Class Member if you:
- Worked at, or received work assignments from, Blue Ridge’s Fayetteville, North Carolina facility
- Were laid off on or around October 17, 2025
- Qualify as an “affected employee” under the WARN Act’s definition, 29 U.S.C. § 2101(a)(5)
- Haven’t filed a timely request to opt out
This settlement doesn’t reach beyond Fayetteville. Blue Ridge separately filed a WARN notice covering about 169 employees at its Asheville, NC facility around the same time — nothing in this Notice ties those layoffs to this Class, so Asheville workers shouldn’t assume they’re covered here.
Blue Ridge Power Workers Who’ve Since Moved Out of North Carolina — Are You Still Covered?
Yes. Eligibility is based on where you worked and when you were laid off, not where you live today. If you’ve since relocated, you’re still a Class Member as long as you meet the criteria above.
Not sure whether you qualify, or think the Settlement Administrator has your address wrong? An employment attorney can help you sort that out, though for most people the simpler move is just contacting Kroll Settlement Administration directly at (833) 453-3720.
How Much Can Blue Ridge Power Settlement Class Members Get?
There’s no published per-person range here the way there is in most consumer settlements — each Class Member’s specific estimated recovery was calculated individually and mailed with their personal copy of this Notice, after fees, costs, and Mathes’ service payment were already subtracted. If you can’t find yours, contact the Administrator rather than guessing.
One detail that’s easy to miss: if you don’t cash your check within 120 days, it becomes “Unclaimed Funds.” If more than 10% of the total settlement award amount goes unclaimed that way, the Administrator runs a second distribution — but only to people who already cashed their first check, split proportionally to their original award. In other words, cashing your check promptly isn’t just good practice; it’s what makes you eligible for a possible top-up later.
Payments here are also different from the typical cash-settlement award: they’re paid and reported as wages, on a Form W-2, not a 1099. You’re responsible for your own tax reporting on the payment — neither Blue Ridge nor Class Counsel will withhold or calculate taxes for you, though the Notice states they don’t believe FICA or unemployment-insurance liability applies. Ask a tax professional if you’re unsure how this affects your return.
What You Need to Do to Get Paid
Nothing. That’s the actual answer here — this isn’t a settlement you file a claim for.
- Confirm the Settlement Administrator, Kroll Settlement Administration LLC, has your current mailing address
- If you’ve moved since the layoff, contact Kroll at P.O. Box 225391, New York, NY 10150-5391, or (833) 453-3720, to update it
- Do nothing else — your check will be mailed automatically within 30 days of the settlement becoming final
- Cash the check within 120 days of when it’s issued
- Watch for a possible second check if the 10% unclaimed-funds threshold is hit
Should You Opt Out or Object Before the Deadlines?
Read This Before You Consider Opting Out
Opting out here works differently than in most settlements, and it matters. Normally, opting out just means skipping the settlement to keep your right to sue separately. Here, that right only survived if you also filed an individual Class Proof of Claim in the Pine Gate bankruptcy case by January 9, 2026 — a deadline that has already passed as of this writing. If you didn’t file that proof of claim by then, opting out now means walking away with nothing at all: no settlement payment, and no separate claim to pursue either. The opt-out deadline itself is October 5, 2026, but for most people reading this today, opting out is no longer the good deal it might look like on paper. Talk to an employment attorney before deciding, not after.
How to Object to the Blue Ridge Power Settlement
Objecting keeps you in the class and eligible for payment while telling the court you disagree with some part of the deal — including the size of Class Counsel’s fees. Written objections must be received by the U.S. Bankruptcy Court, Southern District of Texas, 515 Rusk Street, Houston, TX 77002, no later than November 2, 2026, and must include the case name and number, your name, address, phone number, and your reasons.
Blue Ridge Power WARN Settlement — Key Dates
| Milestone | Date |
| Fayetteville Layoff | October 17, 2025 |
| Pine Gate/Blue Ridge Bankruptcy Filed | November 6, 2025 |
| Class Action Complaint Filed | November 17, 2025 |
| Deadline to Have Filed Individual Proof of Claim (to preserve rights if opting out) | January 9, 2026 — already passed |
| Settlement Agreement Dated | March 31, 2026 |
| Preliminary Approval Order | August 17, 2026 |
| Opt-Out Deadline | October 5, 2026 |
| Objection Deadline | November 2, 2026 |
| Final Fairness Hearing | November 9, 2026, 10:00 a.m. Central Time |
| Checks Mailed | Within 30 days of the Effective Date (after final approval and any appeals resolve) |
Blue Ridge Power WARN Settlement — Frequently Asked Questions, Adversary No. 25-03828
Do I need to do anything to get paid from the Blue Ridge Power WARN settlement?
No. Unlike most class action settlements, there’s no claim form. If you’re a Class Member and don’t opt out, your check is mailed automatically after the settlement becomes final.
Is the Blue Ridge Power WARN settlement legitimate?
Yes. It’s part of the Pine Gate Renewables Chapter 11 bankruptcy case, overseen by the U.S. Bankruptcy Court for the Southern District of Texas, and administered by Kroll Settlement Administration LLC.
When will Blue Ridge Power settlement payments be sent?
Within 30 days after the settlement’s Effective Date, which follows the November 9, 2026 Final Fairness Hearing and the resolution of any appeals.
Does this settlement cover the Asheville, NC layoffs too?
Not based on the Notice. This Settlement Class is defined specifically as Fayetteville facility employees laid off around October 17, 2025.
Will my Blue Ridge Power settlement payment go on a 1099?
No. It’s paid and reported as wages on a Form W-2, not a 1099. You’re responsible for your own tax reporting on the payment.
I want to opt out — can I still pursue my own claim?
Only if you already filed an individual Class Proof of Claim in the bankruptcy case by January 9, 2026. That deadline has passed, so opting out now generally means no recovery of any kind. Talk to an employment attorney before you decide.
What happens if I don’t cash my settlement check right away?
Checks not cashed within 120 days become “Unclaimed Funds.” If unclaimed funds exceed 10% of the total settlement award amount, a second distribution goes out — but only to people who already cashed their first check.
How much will the attorneys get from the Blue Ridge Power settlement?
Up to $1,028,383 plus actual expenses, roughly a third of the $3,072,482 total, before administration costs and individual payments. James Mathes also receives a separate $2,000 service payment.
Sources Used in This Blue Ridge Power Article
- Settlement Class Notice of Proposed Settlement and Final Fairness Hearing — James Mathes v. Blue Ridge Power, LLC, Adversary No. 25-03828, dated September 4, 2026
- Official Settlement FAQ — blueridgewarnactsettlement.com, accessed Sept. 5, 2026: https://www.blueridgewarnactsettlement.com/faq
- Official Settlement Website — blueridgewarnactsettlement.com, accessed Sept. 5, 2026: https://www.blueridgewarnactsettlement.com/
Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the court-authorized Settlement Class Notice dated September 4, 2026, and the official settlement website’s FAQ, as of September 5, 2026. Last Updated: September 5, 2026.
This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.
About the Author
Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.
