Anne Bucher  |  August 4, 2017

Category: Closed Class Actions

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U.S. Department of Defense contractors

A class action settlement has been reached over allegations the Washington State Patrol failed to follow certain laws requiring it to give veteran preference points to eligible honorably discharged military veterans.

On June 9, a judge granted Class certification to a group of current and former Washington State Patrol employees and applicants who applied for certain jobs or promotions prior to Jan. 1, 2013.

If you were eligible to receive a veteran preference and you applied for a job or promotion with the WSP prior to Jan. 1, 2013, you may be entitled to compensation and other benefits from the WSP veterans preference class action settlement.

The Washington State Patrol class action lawsuit asserted claims for relief under the Uniformed Services Employment and Reemployment Rights Act. The plaintiffs allege the State of Washington and the Washington State Patrol failed to apply preference points to qualified veterans during the hiring and promotion processes, failed to treat military leave as continuous employment, and failed to count legislatively-mandated military leave in a manner consistent with the USERRA and Washington state law.

The parties have agreed to settle the WSP veterans preference class action lawsuit to avoid the burden, expense and risk of ongoing litigation.

Under the terms of the proposed veterans preference class action settlement, the State of Washington is required to pay $13 million in compensation to Class Members who were denied veteran preference in the WSP’s hiring and promotion process.

In addition, the State of Washington must also correct the hiring dates and/or promotion dates for certain Class Members who were affected by the failure to provide veteran preference during the hiring and/or promotion process.

Class Members who would like to opt out of the proposed WSP settlement must submit their exclusion request by Aug. 28, 2017.

Who’s Eligible

According to the WSP settlement website, Class Members of the Washington State Patrol veterans preference lawsuit include:

  • Individuals who, prior to Jan. 1, 2013, applied for employment as a Trooper with the Washington State Patrol, or were employed by and applied for a position of employment within the WSP; and
  • Individuals who were eligible to receive a veteran preference with respect to the application for a job or promotion; and
  • Individuals who did not receive such veteran preference in connection with the application for a job or promotion.
Potential Award

Varies. Each Class Member’s payment will be determined by a proposed Plan of Allocation, which can be viewed at the settlement website.

The defendants have also agreed to correct the hiring dates and/or promotion dates of eligible Class Members, which may result in increased seniority, wages, benefits, and/or promotion opportunities.

Proof of Purchase

N/A

Claim Form Deadline

N/A. No Claim Form is required to participate in this class action lawsuit (unless you did not receive a personalized worksheet).

If you did not receive a personalized worksheet but believe you qualify as a Class Member, you must submit a challenge to demonstrate your membership in order to be eligible for a payment. Challenges must be submitted to the Notice Administrator no later than Aug. 28, 2017.

If you received a personalized worksheet but you disagree with the data, you may also submit a challenge by the Aug. 28 deadline.

Case Name

Christina Martin, et al. v. The State of Washington, et al., Case No. 14-2-00016-7, in the Washington Superior Court, Spokane County

Final Hearing

9/29/2017

Settlement Website
Claims Administrator

Washington State Patrol Veterans Preference Litigation
Notice Administrator
ATTN: Personnel Data Challenge
c/o A.B. Data Ltd.
P.O. Box 173001
Milwaukee, WI 53217
800-952-0581
info@WSPVeteranLitigation.com

Class Counsel

Peter Romer-Friedman
OUTTEN & GOLDEN LLP

R. Joseph Barton
BLOCK & LEVITON LLP

Matthew Z. Crotty
CROTTY & SON PLLC

Thomas G. Jarrard
LAW OFFICE OF THOMAS JARRARD

Defense Counsel

Jason Brown
Jarold P. Cartwright
WASHINGTON ATTORNEY GENERAL’S OFFICE

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