USERRA SHORT-TERM MILITARY LEAVE LITIGATION

Tsui v. Walmart Inc.
No. 20 Civ. 12309 (D. Mass.)
United States District Court for the District of Massachusetts

SUMMARY

  • Please read the Notice carefully and fully.  The Notice explains the Lawsuit known as Nickolas Tsui v. Walmart Inc. Case No. 20 Civ. 12309 (D. Mass.), the Settlement, and your legal rights in this Lawsuit.

  • You may be a class member of you were a Walmart employee who took Short-Term Military Leave (30 days or less) between October 10, 2004 and December 31, 2020, you could get money from this class action settlement.

  • A Walmart employee, Nickolas Tsui (the “Plaintiff”) has sued Walmart in a class action on behalf of himself and other similarly situated employees alleging that Walmart violated the Uniformed Services Employment & Reemployment Rights Act (“USERRA”) by failing to provide its employees fully paid leave when they took short-term military leave since October 2004.  Walmart denies the claims and the Court has not decided that Walmart did anything wrong.

  • The Parties have agreed to settle the claims alleged in the Lawsuit.  The Notice describes the proposed class action Settlement, which, if approved by the Court, would mean that you may be eligible to receive compensation for Short-Term Military Leave that you took when you worked at Walmart between October 10, 2004 and December 31, 2020.
  • If you received the Notice in the mail, Walmart has identified you as a potential Settlement Class Member

  • If you did not receive the Notice in the mail, Walmart did not identify you as a potential Settlement Class Member, but you may still be a Settlement Class Member if you took Short-Term Military Leave from Walmart between October 10, 2004 and December 31, 2020.

  • You must submit a Claim Form to be eligible to receive compensation. For instructions on how to submit a claim please read the Notice and/or click here for more information. If you received this Notice in the mail, you may return the accompanying Claim Form by mail, or you may submit a Claim Form online here using the unique code and password provided in the Notice mailed to you.

  • The Court has preliminarily approved the Settlement.  For the Settlement to become final and any payments or benefits to be distributed, the Court will need to issue final approval after a final approval hearing, which is currently scheduled for October 14, 2021.  This date is subject to change without further notice.

  • Please check this website for the latest updates on the case, or access the court docket at www.pacer.gov for the most up-to-date court information.  PLEASE DO NOT CONTACT THE COURT OR WALMART DIRECTLY. They may not be able to answer your questions.

  • If you have Questions CALL the Claims Administrator at (866) 742-4955 OR email info@rg2claims.com

PLEASE READ THE NOTICE CAREFULLY. IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, THIS SETTLEMENT WILL AFFECT YOUR RIGHTS.

SUMMARY OF YOUR LEGAL RIGHTS & OPTIONS

OPTION #1:
DO NOTHING

DO NOTHING. If you do nothing, you will NOT receive money from this settlement and you will release your claims against Walmart.
OPTION #2: SUBMIT A CLAIM FORM

SUBMIT A CLAIM FORM BY SEPTEMBER 16, 2021 TO RECEIVE A SETTLEMENT PAYMENT. 

You must submit a Claim Form to be eligible to receive any money under the Settlement. You can submit the Claim Form online at here or submit a hard copy via regular mail to Walmart USERRA Settlement, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA  19102-9479.

In the Claim Form, you must identify (i) the years you were employed by Walmart and (ii) the years that you took Short-Term Military Leave (30 days or less) from your employment at Walmart.

If you did NOT receive the Notice and accompanying Claim Form in the mail, when you submit your claim you will also need to provide evidence of the years that you were in the military for every year that you claim you took Short-Term Military Leave from Walmart. You can provide that evidence by submitting a DD-214 or any other document from the military or federal government that shows the year(s) you served in the military.

If you DID receive the Notice and accompanying Claim Form in the mail, you do not have to submit evidence of your military service unless the Claims Administrator asks you to do so.

OPTION #3: OBJECT OR COMMENT

OBJECT/COMMENT. You may write to the Court and explain why you do not like one or more aspects of the proposed Settlement. You must do so by no later than September 16, 2021.  You may also appear at the final approval hearing.  If you object/comment, you may still submit a Claim Form and be eligible to receive a payment.

OPTION #4: EXCLUDE YOURSELF

 

EXCLUDE YOURSELF. You may exclude yourself or opt out of the Settlement by writing to the Court by September 16, 2021. If you exclude yourself or opt out of the Settlement, you may not submit a Claim Form or receive a payment under the Settlement.

If you have any questions after you have read this Notice, contact Class Counsel or the Claims Administrator; PLEASE DO NOT CONTACT THE COURT OR WALMART as they may not be able to answer your questions.