Former worker files federal suit against ASI

Back to TopCommentsE-mailPrintBookmark and Share

An employee of a Whitestown manufacturer that abruptly closed in late December is suing the company for allegedly failing to give workers a required 60-day notice that the plant would be shutting down.

Andrew Shepherd filed the federal suit this month against ASI Limited and is seeking class-action status on behalf of roughly 200 employees who lost their jobs with the company.

ASI, located in the Anson development near Interstate 65 northwest of Indianapolis, makes exterior enclosures for large buildings. It informed employees by letter on Dec. 30 that the company was shutting down because it was no longer profitable.

Shepherd claims ASI has failed to pay employee salaries, commissions, bonuses and accrued holiday and vacation pay for the 60 days following their termination as required by the federal Worker Adjustment and Retraining Notification, or WARN, Act.

In addition, ASI hasn’t made 401(k) contributions or provided them with health insurance coverage and other employee benefits, the lawsuit said.

Companies with at least 100 workers that expect to close or lay off 50 or more employees must notify the state 60 days prior to the action.

With $65.2 million in revenue in 2010, ASI ranked as the sixth-largest glazing contractor in the nation, according to USGlass Magazine.

In a Dec. 30 statement, ASI said: “Management is currently reviewing its financial viability moving forward. It is hopeful that we can re-commence operations sometime in the near future.”

ASI made curtain walls and exterior claddings for large projects throughout the country. Its work in downtown Indianapolis included buildings such as the 33-story JW Marriott hotel, Lucas Oil Stadium and Central Library.

At the time of its closing, the company was designing 219,000 square feet of weathered steel panels for the new Barclays Center in Brooklyn, where the New Jersey Nets of the National Basketball Association are set to begin playing next season.

ASI is operating in some capacity under the arena’s contractor, Hunt Construction Group, to help finish the project, according to New York media reports. Ohio Farmers Insurance Co. of Westfield, Ohio, held a surety bond on the project to ensure construction of the $1 billion sports arena is completed.

Reports also say Hunt is seeking additional companies to make the steel, however.  

Whether ASI has recalled any workers is unclear. Company President Ken Smith did not return phone calls from IBJ.

Dax Norton, director of the Boone County Economic Development Corp., is uncertain about the company’s status, as well.

“I’ve heard nothing,” he said. “We don’t know what’s going on because we haven’t heard from the owner.”

Founded in 1989, ASI moved from Park 100 on the northwest side of Indianapolis in 2008 to the Whitestown Industrial Park in Duke Realty Co.’s Anson development.

ASI occupied about 200,000 square feet in Anson and was one of three large employers in the development. Amazon occupies about 1 million square feet and has about 850 workers while Medco occupies 400,000 square feet and has roughly 450 employees.

Most big employers are aware of the WARN Act obligations and will consult a lawyer to ensure that they comply with the law, said Michael Blickman, an employment law attorney at Ice Miller LLP.

Therefore, he said, lawsuits stemming from WARN Act violations are rare.

Exceptions to the act include “unforeseeable” business circumstances and natural disasters.

Federal guidelines say a company can be fined $500 for each day it is in violation of the required notification.


  • you're joking right?
    So, what you're saying is ASI Limited was in the right? Really? So, it doesn't matter what the law says just as long as ASI gets to keep their tools. That's what you're saying right? Oh, and by the way, WE WEREN'T UNIONIZED!!! Get your facts straight before you go spouting off about something you obviously know nothing about!!!!
  • ASI Smarts
    The problem with the notification is those same unionized workers would pick the company clean of tools and anything of value. It happend all of the time. Sour grapes from those who think they are entitled.
    • Are they still operating?
      I pass this factory every day and see lots of cars there. I thought they were closing at the end of December?

    Post a comment to this story

    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
    You are legally responsible for what you post and your anonymity is not guaranteed.
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by

    facebook - twitter on Facebook & Twitter

    Follow on TwitterFollow IBJ on Facebook:
    Follow on TwitterFollow IBJ's Tweets on these topics:
    Subscribe to IBJ
    1. I had read earlier this spring that Noodles & Co was going to open in the Fishers Marketplace (which is SR 37 and 131st St, not 141st St, just FYI). Any word on that? Also, do you happen to know what is being built in Carmel at Pennsylvania and Old Meridian? May just be an office building but I'm not sure.

    2. I'm sorry, but you are flat out wrong. There are few tracks in the world with the history of IMS and probably NO OTHER as widely known and recognized. I don't care what you think about the stat of Indy Car racing, these are pretty hard things to dispute.

    3. Also wondering if there is an update on the Brockway Pub-Danny Boy restaurant/taproom that was planned for the village as well?

    4. Why does the majority get to trample on the rights of the minority? You do realize that banning gay marriage does not rid the world of gay people, right? They are still going to be around and they are still going to continue to exist. The best way to get it all out of the spotlight? LEGALIZE IT! If gay marriage is legal, they will get to stop trying to push for it and you will get to stop seeing it all over the news. Why do Christians get to decide what is moral?? Why do you get to push your religion on others? How would legalizing gay marriage expose their lifestyle to your children? By the way, their lifestyle is going to continue whether gay marriage is legalized or not. It's been legal in Canada for quite a while now and they seem to be doing just fine. What about actual rules handed down by God? What about not working on Sundays? What about obeying your parents? What about adultery? These are in the 10 Commandments, the most important of God's rules. Yet they are all perfectly legal. What about divorce? Only God is allowed to dissolve a marriage so why don't you work hard to get divorce banned? Why do you get to pick and choose the parts of the Bible you care about?

    5. Look at the bright side. With the new Lowe's call center, that means 1000 jobs at $10 bucks an hour. IMS has to be drooling over all that disposable income. If those employees can save all their extra money after bills, in five years they can go to the race LIVE. Can you say attendance boost?