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)

Haga clic para leer en español: CARTA A LOS DEMANDANTES DE DETR

Case Update

We continue to read and catalog your emails and telephone calls but due to the volume of inquiries we are unable to answer each request individually.  Although it is little consolation, we hear you. Your stories and situations—filled with anguish, worry, fright, and despair—are being used to support the case and make arguments to the courts.

There are FOUR topics covered in this email and we encourage you to review the previous case updates below, that provide additional information. 

ONE: Thierman Buck Representation Reminders

  • We cannot represent claimants in individual cases or in appeals against DETR.
  • This case was filed as a class action on behalf of gig workers.  If a class is certified, as an independent contractor in the State of Nevada, regardless of location, who has yet to receive the full amount of unemployment benefits due and owing, you are automatically considered a member of the class and do not need to apply or join through our office.

TWO: Appeals Based On Denials/Start-Stops/Re-issues/Re-determinations/Back Pay Missing/Quarter Changes/Requests for Repayment/Etc.

If you believe DETR has failed to pay you any portion of the benefits you are eligible for (UI, PUA, FPUC ($600), LW ($300) or is now asking for those payments to be repaid to DETR file an appeal.

Even if your appeal date has passed, note the appeal date (hard copy, screen shots, or email receipts), when you received the denial (hard copy, screen shots, or email receipts), and if nothing works on the website, then simply write a letter with a copy of the determination indicating: 

“Because the website appeal process is/was not working, I hereby appeal the attached determination and request immediate adjudication for inter alia, (among other things) the following reasons, including but not limited to: [add your reasons here].” Date and sign.

Save a copy. If you have been given any sort of approval, and DETR stops paying your benefits, or never started, add: 

“The conduct of DETR constitutes a taking of property without due process see, e.g. California Department of Human Resources Development v. Java, 402 U.S. 121 (1971). Since I am unemployed, I further ask that DETR pay all my legal expenses in this appeal.”

Send to:

DETR

Employment Security Division – Adjudication Center
500 East Third Street
Carson City, NV 89713-0038

Northern Nevada Office (Carson City): Phone: (775) 684-0350 Fax: (775) 684-0338

Southern Nevada Office (Las Vegas): (702) 486-0350 Fax: (702) 486-7987

KEEP Calling.  People are reporting that they are starting to get through but have had to wait on hold for up to 5 hours or more based on the first come first serve que system.  Try these numbers: 

  • 1-800-603-9681
  • 775-298-6007
  • 702-329-6699

THREE: Eviction Information

The Centers for Disease Control (“CDC”) has issued an Order temporarily halting residential eviction until December 31, 2020. You must fill out and provide your landlord with a sworn CDC declaration to help fight eviction. A copy of the CDC Declaration can be found here.

Review the information provided by Northern Nevada Legal Services “Guide to Tenant’s Rights During COVID” which can be accessed here. This flyer provides information that can be used across the State.

If you live in Southern Nevada review the “Civil Law Self-Help Center” information specific to evictions here.

The Civil Law Self-Help Center provides a five step process to respond to evictions. At the very bottom is a link to “housing resources” with links to subsidized programs, charities, and shelters.

If you have questions specific to evictions contact:

  • Legal Aid Center of Southern Nevada, 725 E. Charleston Blvd., Las Vegas, NV 89104 (702) 386-1070
  • Washoe Legal Services, 299 S. Arlington Ave., Reno, NV 89501 (775) 329-2727

Thierman Buck, LLP does not provide representation in eviction matters.

FOUR: Lawsuit Status

Appeal to the Supreme Court of Nevada

On September 29, 2020 attorneys Mark Thierman and Leah Jones on behalf of the PUA claimants participated in a mediation with DETR, represented by the Attorney General’s Office, through the Supreme Court of Nevada Mediator, Lansford Levitt. Unfortunately, the mediation was unsuccessful.

Thus, on October 2, 2020 Thierman Buck filed a docketing statement with the Supreme Court of Nevada and on October 9, 2020 filed a motion for emergency relief in the form of immediate relief or in the alternative an expedited briefing schedule. Plaintiffs-Petitioners’ Emergency Motion and Certificate of Counsel can be accessed here and here. DETR filed an opposition on October 16, 2020 arguing that “rampant fraud” is the reason some 260,000 Nevadans have not been paid benefits, a copy of which can be accessed here.

The Supreme Court of Nevada granted expedited briefing however it did not require DETR to immediately start paying Plaintiffs. No oral argument date has been set.  The Supreme Court’s Order can be accessed here.

Second Judicial District Court

A status hearing—no substantive or case dispositive decisions—was held on Tuesday, October 20, 2020 at 2:00 p.m. and is available for viewing directly below.

Video Stream of Court Appearance October 20, 2020

More Information

The most up-to-date information on this lawsuit can be found on our website which is being updated on a regular basis. Links to all of the pleadings, motions, and Court orders can also be accessed at this page, including all pleadings and papers filed in the case at attached files section below.

Attached Files:

Case Updates