The sudden closure of news site The Messenger earlier this week, left many professionals out in the cold, most notably hundreds of distinguished journalists. Without prior notice, severance or even a chance to secure their prior write-ups, the abrupt termination cast these journalists into professional limbo. The move was strongly criticized, with many pointing to the incident as proof that those working to destabilize journalism are getting what they want. For deeper insights and a chronicle of events leading to this unfortunate situation, literature on what went wrong at The Messenger and the events that led to the shutdown are readily available.
Most significant among the recent developments following the site’s closure, former senior producer Pilar Belendez-Desha has reportedly moved past the initial shock and is now pursuing legal action. Represented by boutique firm Raisner Roupinian LLP, Belendez-Desha filed a putative class action lawsuit against JAF Communications LLC, named for media mogul Jimmy Finkelstein who had founded The Messenger on the promise of immediate profit.
The lawsuit alleges violations of the Worker Adjustment and Retraining Notification Act (WARN Act, 29 U.S.C. § 2101), its state correlate, and a host of state labor laws. The WARN Act demands a disclosure period of 60 days before carrying out mass layoffs, something that was clearly ignored in this case. The full course of this legal undertaking can be followed through the Belendez-Desha v. JAF Communications, Inc. docket.
For now, it appears this dramatic resolution has left the law and journalism communities with more questions than answers, leaving many to wonder about the future of legal journalism and digital media altogether.