To all SEBAC unions and SEBAC class action members:
We are writing to provide a report on the results of the settlement process for economic damages awards to class members in the SEBAC class action.
- The state has identified approximately 2,400 class members entitled to recover economic damages as a result of the Rowland layoffs and demotions. We believe that there are several hundred additional class members entitled to recover economic damages as a result of having taken an in voluntary retirement because of an impending layoffs or of other economic losses, such as increased mileage to work due to a layoff-caused transfer of position.
- There are approximately 1,400 class members who were laid off in late 2002-03 and returned to work within one year of layoff. We have been able, to date, to reach settlements for approximately 725 of these class members. Do you settle claims primarily involves individuals who returned it to the same position as before the layoffs and did not have continuing economic losses after their return (i.e., because of a missed promotion or annual increase). We are in the process of developing settlement offers for the remaining (app.) 675 one year returnees. However, we do not have updated contact information ( and have been unable to locate) 153 of the one year returnees. Attached to this report is a list of one year returnees we need to locate in order to process their economic damages settlements. If your name is on the list, please contact us as soon as possible. if you recognize someone’s else’s name on the list and can help us reach that person, please contact us or contact that person and ask him or her to contact us.
- We have reached partial or complete settlements with a Nother approximately 200 class members who are not one year returnees and have approximately 150 offers for other class members pending with the state. We have been resolving these pending offers on a continuing basis, both through direct negotiations with the state and through court proceedings with the SEBAC Claims Administrator, Magistrate Judge Fitzsimmons. George Fitz Simmons has been scheduling adjudication proceedings on pending claims on an approximate biweekly basis, and we anticipate this will continue throughout 2017 and into 2018.
- As with one your return he is, we have been unable to locate a number of class members who either (A) returned more than one year after layoff; (B) never returned; or (C) took retirement in lieu of layoffs or demotions. Attached to this report is a list of these class members that we have been unable to locate to date. Again, if your name is on the list, please contact us as soon as possible. If you recognize someone’s else’s name on the list and can help us reach that person, please contact us or contact that person and ask him or her to contact us.
- The 875 + case is settled today, in whole or in part, have resulted in monetary awards to class members in excess of $11.9 million and in payments in the form of vacation days in Lou of monetary awards with a value in excess of $17.7 million. These amounts do not include the value of adjusted ( increased) pension benefits that class members have received as a result of the awards.
- We understand the class members are anxious to have their economic damages claim is resolved, and we are working diligently and around the clock to do so. We have five attorneys (four full-time) and four paralegals working on developing in resolving settlement offers. The Attorney General’s office, as well as DAS and the comptroller’s office, has a similar number of personnel working on resolving these awards. We are also discussing with the Attorney General’s office possible ways in which the settlement process can be expedited.
David S. Golub
Jonathan M. Levine
Silver Golub & Teitell LLP
(for the SEBAC Class Action settlement team)