APPENDIX A

 

NOTICE TO CLASS

 

 

 

 

 


ATTENTION

 

TO ALL FEMALES WHO APPLIED TO WORK FOR ANY OF THE PALM RESTAURANTS AT ANY TIME DURING 1999 OR 2000:

 

            The Equal Employment Opportunity Commission (“EEOC”), a United States government agency charged with the duty of enforcing the federal laws against discrimination in employment, has entered into an agreement with Palm Management Corp. (“the Palm”), which operates restaurants nationwide, including The Palm Restaurant, Palm One, and Palm Too.  The agreement settles a Commissioner’s Charge of employment discrimination, Charge No. 340A11437, that the EEOC filed against the Palm on January 17, 2001.  The agreement provides that some females who sought employment with the Palm and were not hired, may be eligible for monetary awards.   The agreement provides for a Settlement Fund in the amount of $500,000.00.  The amount of money distributed will depend on the number of eligible females who submit timely and complete claim forms and releases to the Claims Administrator.

 

            In order to be considered for any monetary award under the terms of the agreement, you must meet ALL of the following criteria:

 

a.       You are a female and you applied to any Palm Restaurant for one of the following positions at any time during the period of January 1, 1999 and December 31, 2000: 

                                                               i.      Server; Server Assistant; Bartender; Busperson; all Cook positions, excluding Chef and Sous Chef; Dishwasher; Host/Hostess; Pantry; and Porter;

 

b.      Were Qualified for the position applied for;

 

c.       Were not offered the position applied for;

 

d.      Were not hired by a Palm Restaurant within one year after applying for the position; and


 


e.       Met all legal requirements to work at the Palm at the time of application, or within one year from the date of applying for employment with the Palm. 

 

 

If you are not a person who falls within this definition, you should disregard this notice.

 


            If you believe that you meet the above requirements, you are eligible to file a claim in this case.  If you wish to be considered for a monetary award in this case, YOU MUST FILE THE ATTACHED “CLAIM FORM” AND “RELEASE” AS INSTRUCTED BELOW.  IF YOU DO NOT FILE THE ENCLOSED CLAIM FORM AND RELEASE, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY MONETARY BENEFITS FROM THE SETTLEMENT IN THIS CASE.   PLEASE NOTE, HOWEVER, THAT RETURNING YOUR CLAIM FORM AND RELEASE DOES NOT GUARANTEE THAT YOU WILL RECEIVE A MONETARY AWARD.

 

            The deadline for filing this Claim Form and Release is April 5, 2004.   Your Claim Form and Release must be postmarked by that date and mailed to:

 

The Palm Settlement Administrator

PO Box 0049

Minneapolis, MN  55440-0049

TOLL FREE NUMBER - 1-866-459-3649

FAX – 612-359-2850

EMAIL – palmsettlement@visi.com

 

            Please be advised that your failure to completely furnish the information requested and return it to the Claims Administrator by the date specified, may result in the rejection of your claim.  It is in your best interest to immediately return your completed Claim Form and Release.  Please ensure that your Claim Form is notarized by a Notary.

 

            A determination will be made pursuant to the Commission’s Agreement with the Palm, in determining what, if any, compensation you may be entitled to.

 

ADDITIONAL OPTION:

 

            You have the option to refuse to sign the Claim Form and Release and to ask the EEOC for a Right to Sue Letter.   A Right to Sue Letter will allow you to sue the Palm in Federal Court.  There is no guarantee that you will be successful and you must hire your own attorney.  The EEOC will not provide one for you.  If you do not complete the Claim Form and Release and  elect to request a Right to Sue Letter, you will not receive any monies from this settlement.  If you wish to request a Right to Sue Letter, sign and date the attached notice entitled Right to Sue Letter Request and forward the document to the EEOC at:

 

EEOC

Attn: Marla Stern, Systemic Unit

255 E. Temple Street, 4th Floor

Los Angeles, CA 90012          

 

You must submit your completed Right to Sue Letter Request form within 60 days of your receipt of your claims packet.  Your Right to Sue Letter Request must be postmarked by that date.  The EEOC shall determine whether or not to issue the Right to Sue Letter within five business days of receipt of the request.


 

 


APPENDIX B

 

CLAIM FORM

 

 

 

 

 


PALM MANAGEMENT CORP. CLAIM FORM

 

IMPORTANT

 

TO BE MAILED OR FILED ON OR BEFORE APRIL 5, 2004

 

 

Note: If you are a male, do not file this claim form.

 

Full Name:                                                                              

                        (First, Middle and Last)

 

If you used a different name at any time during 1999-2000:       

                        (First, Middle and Last)

 

Gender:            Female                                     Male                       

 

Social Security Number:                                                       

 

Current Mailing Address:

 

                                                                                                

 

                                                                                               

 

Telephone Numbers:

 

Home: (       )                                    

Work: (        )                                   

Cell:   (        )                                    

 

E-mail Address:

                                                         

 

Date of Birth:                                     

 

ANSWER THE QUESTIONS BELOW AS COMPLETELY AS YOU CAN.  ATTACH EXTRA SHEETS OF PAPER, IF NEEDED.

 


 

(e)                Did you apply to any Palm Restaurant for one of the following positions at any time during the period of January 1, 1999 and December 31, 2000:

            Server; Server Assistant; Bartender; Busperson; all Cook positions, excluding

Chef and Sous Chef; Dishwasher; Host/Hostess; Pantry; or Porter:

 

            Yes                  No                    

 


 

Palm Claim Form

Page 2 of 3

 

2.         Identify each and every position applied for, the date of application, the address of the Palm location for which you applied and whether you were qualified for the position.  If retained, attach a copy of the employment application, resume or cover letter submitted to the Palm:

 

            (1) Job Title:                                                                

            Date of application:                                                      

            Palm location:                                                              

Qualified:          Yes                         No                        

 

(2) Job Title:                                                                

            Date of application:                                                      

            Palm location:                                                             

Qualified:          Yes                         No                        

 

(3) Job Title:                                                                

            Date of application:                                                      

            Palm location:                                                             

Qualified:          Yes                         No                        


 

 

(c)                Were you offered employment and/or hired by Palm?

            Yes                                          No                         

 

            (3a)      If YES, when were you offered employment and/or hired and for which position?  Also, if you were offered a position, yet declined the offer, please indicate why you did not accept the offer of employment.

 

                        Date:                                                         

                        Position:                                                   

                        Reason for not accepting the position, if applicable:                                                                                                                                                                                                       .

           

                        Date:                                                         

                        Position:                                                   

Reason for not accepting the position, if applicable:                                                                                                                                                                                      .

 

Date:                                                         

                        Position:                                                   

Reason for not accepting the position, if applicable:                                                                                                                                                                                      

 

 

Palm Claim Form

Page 3 of 3

 

 

(d)               If you were NOT offered employment and/or hired by the Palm, did you meet all legal requirements to work at the Palm at the time of application, or within one year from the date of the applying for employment with the Palm?

 

            Yes                                          No                                

 

 

 

In order to be considered to receive benefits, you must sign and date below, and have this document notarized by a Notary.

 

I swear or affirm that I have read the above claim form and that it is true to the best of my knowledge, information and belief.

 

Notary:

 

                                                            

 

 

 

Signature of Claimant:  

 

                                                                                   

 

 

Subscribed and sworn to before me this date:

 

                                    

 

 

 


APPENDIX C

 

RELEASE OF CLAIMS

 

 

 

 

 

 

 


RELEASE OF CLAIMS

 

 

            I,                                                     , Claimant, in consideration for receiving a portion of the $500,000.00 class fund, in connection with the resolution of EEOC Charge No. 340A11437 initiated by the EEOC against Palm Management Corp., I waive my right to recover for any claims of discrimination on the basis of sex for Palm Management Corp.’s failure to hire me arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., that I may have had against Palm Management Corp. prior to the date of this release and that were included in the claims alleged in EEOC Charge No. 340A11437.

 

 

Date: ______________                                   Signature: _______________________________

 

                                                                        Print Name: _____________________________