- If the DETR system allows, file your weekly claim for each and every week you have been out of work or have had a reduction in wages due to COVID-19 related reasons. Make sure to sign any attestation required indicating your work reduction/loss is due to a COVID-19 related reason.
- Double-check your claim information to make sure all requested documents are uploaded and that your contact information is correct. Check your email and claim for a request from DETR to provide additional information. At this time, the call center is the only option to make corrections. Take screenshots if you are able and keep them in case you need to appeal any decisions, note your call efforts, and make sure to get the name of any person you speak with.
- Check your claim regularly and provide any information requested to DETR, even if you have previously supplied said information. Take screenshots if you are able and keep them in case you need to appeal any decisions.
- If you are denied, note the appeal date (hard copy, screenshots, or email receipts), when you received the denial (hard copy, screenshots, 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 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.”
DETR
Employment Security Division – Adjudication Center
500 East Third Street
Carson City, NV 89713-0038
Phone: (775) 684-0302 FAX: (775) 684-0338
LV: (702) 486-7999 FAX: (702) 486-7987
FAQ’s
Q: How can I join the class action? Does it matter if I live in Las Vegas or another city in Nevada?
You do not need to take any affirmative action. 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.
Q: I am a W-2 worker. Can I join? How do I know if I qualify for the class action?
Payne v. DETR is a lawsuit specific to self-employed individuals, sole proprietors, and independent contractors “gig workers” who have been unable to gain access to federally mandated benefits due under the CARES Act (weekly benefit amount) and FPUC (additional $600) due to DETR procedures or lack thereof. Nevertheless, Mr. Guinasso is currently investigating claims associated with W-2 workers whose claims are still in process and who also have been denied or have been unable to access assistance.
Q: I am a Nevada resident currently outside the state/country – what do I do?
As long as you were working in Nevada and have had a reduction in earnings and or are no longer or were unable to start a job any time after January 27, 2020, due to COVID-19 related reasons you can apply for benefits. The state in which you performed work is the state where you should file.
Q: I made an error in my application and have been denied. What do I do?
Unfortunately, at this time, the call center is the only option to make corrections. Check your claim information to make sure all requested documents are uploaded and that your contact information is correct. Take screenshots/print out if you are able and keep them in case you need to appeal any decisions, note your call efforts, and make sure to get the name of any person(s) with whom you speak.
Q: In the denial letter I was sent, I was told that I could appeal – but they never gave me a way to do so. How do I file an appeal?
If you are denied, note the appeal date (hard copy, screenshots, or email receipts), when you received the denial (hard copy, screenshots, 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 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]. Make sure to 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.” You can send your appeal to the DETR Employment Security Division at 500 East Third Street, Carson City, NV 89713-0038. They can be reached by: Phone: (775) 684-0302 FAX: (775) 684-0338; LV: (702) 486-7999 FAX: (702) 486-7987.
Q: My claim was approved three months ago/shows no outstanding issues, but I have yet to receive payment. If I haven’t been flagged for fraud and am “in the green,” where is my money?
This is an issue being addressed by the Special Master. Q: I have filed under regular unemployment, but have been waiting weeks for money and still nothing. What can I do?
This is an issue being addressed by the Special Master. Q: What can I do as a claimant to speed this process along; I am about to lose my house/family/car/companion animals/credit/retirement/life savings/sanity/hope?
Be kind to yourself and be your own best advocate by: (1) Take screenshots, keep copies of all correspondence from DETR in case you need to appeal any decisions, note your call efforts, and make sure to get the name of any person(s) with whom you speak; (2) Write or call the Governor Sisolak’s office at: http://gov.nv.gov/Forms/Share/ (775) 684-5670 or (702) 486-2500; (3) Write or call your State Senator or Assembly member. You can find your State representatives’ contact information here: Senate:
https://www.leg.state.nv.us/App/Legislator/A/Senate Assembly:
https://www.leg.state.nv.us/App/Legislator/A/Assembly/
