PAYNE adv DETR

Amethyst Payne v State of Nevada ex rel Nevada Department of Employment Training and Rehabilitation, Case No. CV20-0075 (filed Second Judicial District Court of the State of Nevada in and for the County of Washoe, May 13, 2020)

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Case Update April 1, 2021

This update contains information on three specific issues:

  1. ID.me;
  2. Individual Appeals;
  3. Supreme Court of Nevada case not yet scheduled for oral argument/hearing.

ID.me Madness

We are getting many emails about the issues related to ID.me including but not limited to the waiver of liability, arbitration requirements, holding your information in perpetuity, and the fact that many people do not have access to the electronics required to complete the verification process. We do not have immediate plans to file another lawsuit based on DETR’s use of ID.me or the conditions ID.me places on claimants.

We encourage you to be your own best advocate and reach out to your local media and especially your State Representatives about ID.me and ongoing DETR issues specifically. The Nevada Legislature is in session and there are a few bills working their way through the legislative process specific to DETR. Read any bills pending that affect your rights. Make your voices heard. You can find your Legislator’s contact information at: https://www.leg.state.nv.us

We are aware that people are spending excruciating amounts of time and effort to speak to ID.me verification personnel but, Thierman Buck, LLP cannot advise you on what actions you should take. If you want your benefits you must try to comply with ID.me conditions and/or speak to ID.me. Write down whom you speak with, when, and what was said. Follow up with an email – create a paper trail for further potential action or appeal.

There is a wealth of information on the many Facebook PUA/Claimant groups, as well as DETR’s own Web portal that we encourage you to review.

Thierman Buck Is Not Representing People With Individual Appeals

Nevada Legal Services (“NLS”) has created fillable forms to file your own Writ of Mandamus (order from a court requiring a government agency to act according to the law). Go to:

https://nlslaw.net/get-legal-help/know-your-rights/work-employment

NLS has instructions and forms for both Clark and Washoe County as well as general FAQ re eligibility of unemployment benefits during the COVID-19 pandemic.

If your appeal has initially been denied, file an appeal to the Board of Appeals, and if denied there file a Writ with the district court in the county in which you live. Use the NLS forms contained in the link above.

If your appeal has been denied as too late, file a Writ with the district court in the county in which you live. Use the NLS forms contained in the link above.

Supreme Court of Nevada Appeal – Payne v. DETR

As of April 1, 2021, the Supreme Court of Nevada has not set oral argument or a hearing date for the appeal of the Second Judicial District Court case.

  • You do not need to take any affirmative action to be part of the putative class. If a class is certified, and you meet the definition of the class, you will automatically be included.

You must be your own best advocate. Thierman Buck is unaware of any other Nevada attorneys who are taking unemployment benefit cases and thus cannot refer you to any other attorney.

And finally, Thierman Buck is not taking any cases outside of Nevada. However, if you contact an attorney who would like to speak with us about the Payne v. DETR case, the pleadings filed, and legal theories we have presented, we are happy to share information.

Attached Files:

Case Updates

Helpful Resources

Nevada Legal Services has created two YouTube videos regarding the services they offer as well as some tips for UI and PUA claimants. They may be able to help you with appeals and individual cases.
 
PUA, January 21, 2021 update
UI/PUA, December 22, 2020 update

We want to provide some resources to turn to in these difficult times. If you are feeling there is no where to turn to and/or you feel you cannot keep yourself safe please reach out to:

Crisis Support Services of Nevada

Crisis Support Services of Nevada’s mission is to provide 24/7, free, confidential, and caring support to people in crisis.

Nevada 211 (resource directory)

2-1-1 services include places to find emergency food, housing and emergency shelter locations, children’s services, support for seniors, older persons, and people with disabilities, and mental health and counseling services, among many others.

Food Pantries

Southern Nevada

Emergency Food Distribution
(walk up or drive thru)

Northern Nevada

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