Notice and Opportunity Process
(Templates are for Washington, but can be edited for any state)
Step 1a: TEMPLATE – Notice of Violations
Step 1b: TEMPLATE – Lawful Notice and Demand
Step 2: TEMPLATE – Courtesy Notice
Step 2: (OPTIONAL): TEMPLATE – Courtesy Notice – for Insufficient Responses from Served Individuals
Step 3: TEMPLATE – Default Notice
Step 4: TEMPLATE – Estoppel Notice
Step 5: TEMPLATE – Notice of Violation of Estoppel
Please update the Washington documents with articles from the California State Constitution for using this process in California. See below.
The “Covid-19″ policies for California workers violate at minimum Article 1, Sections 1, 2, 3, 4, 8, 9, 10, 11 and 19 of the California State Constitution (1849) as well as the First, Fourth and Fifth Amendments to the Constitution for the united States of America (Bill of Rights). To be clear, I have waived none of my rights and I…”
Please update the Washington documents with articles from the Oregon State Constitution for using this process in Oregon. See below.
The “Covid-19” policies for Oregon workers violate at minimum Article 1, Sections 1, 2, 3, 4, 7, 8, 9, 10, 11, 15, 22, and 34 of the Oregon State Constitution as well as the First, Fourth and Fifth Amendments to the Constitution for the united States of America (Bill of Rights). To be clear, I have waived none of my rights and I…”
Please update the Washington documents with articles from the Missouri State Constitution for using this process in Missouri. See below.
The “Covid-19″ policies for Missouri workers violate at minimum Article 1, Sections 1, 2, 5, 8, 9, 10, and 15 of the Missouri State Constitution as well as the First, Fourth and Fifth Amendments to the Constitution for the united States of America. To be clear, I have waived none of my rights and I…
TEMPLATE – Notice of Non-Consent
TEMPLATE – Certificate of Proof of Service
Instructions for Documents
You are writing in your personal capacity to an employer/agent/officer in his/her personal capacity. Send the notices personally to the man or woman in the highest position who is setting and enforcing the mandates (such as CEO, director of human resources, health officer, or government agent, etc.–whoever originated/sent the notice to you about the policy change).
◆ Download, edit and print the documents
◆ Sign with two witnesses (Step #1 Notice of Violations is the only document that should not be signed)
◆ Make and keep a copy of all signed documents
◆ Send an original by registered mail with tracking or professional process server
◆ Keep mailing receipts for your records
It’s important that you read and understand exactly what you are communicating. The documents are only templates, so you can feel free to make minor changes. However, if you would like to change something significant or if you have any uncertainty about the documents, please get clarification before sending.
- Download the Notice in MSWord.
- Edit the Notice wherever you see red type (including the header or footer). After making edits, change all text to black type. Save.
- Print the Notice. Sign in blue ink (or any color other than black). Please note, Step #1 Notice of Violations should not be signed.
- Have two people sign as witnesses to your signature. Your witnesses can be anyone other than the person doing the process service (if applicable). Other employees are acceptable. Signatures only are needed, but printing names below the signatures is optional (do not print names in all CAPS).
- Make sure to keep a copy of all signed documents in a file for your records. (You may also wish to make a color scan or take a photo of documents signed).
- Staple all the pages together and put in any size envelope. Address the envelope, by hand or printed, to:
FIRST AND LAST NAME (IN ALL CAPS)
TITLE/POSITION OF DEPARTMENT/OFFICE
CITY, STATE, ZIP
- Send original signed copy by registered mail (preferred) with return receipt requested only. Don’t let the postal agent talk you into using certified mail. It is not the same. Keep the white registered mail slip and the purchase receipt and attach to your copy of the Notice in your file.
- Check the mail for your return receipt. When it arrives, attach it to your copy of the Notice in your file. You can use the RE# on your registered mail slip to check the status of your package at usps.com or by visiting your local post office.
- Due to the urgent timeframe, you may choose to also send a copy of Notice as an attachment by email. (Don’t send Word documents since they can be altered. Instead convert to PDF or use PDF scan or send a photo image). Email attachments do not need to be signed since they are not official service. Please note, in order to be officially served, documents need to be mailed (registered/trackable) or hand delivered by process server.
NOTICE AND OPPORTUNITY PROCESS STEPS:
- Constructive/Lawful Notice with Notice of Violations (2 notices)
- Courtesy Notice
- Default Notice
- Estoppel Notice (with fee schedule)
- Notice of Violation of Estoppel (and Activation of Fee Schedule)
RESPONSE TIMES (from employer’s receipt of your notice):
Step #1 give 10 days or minimum of 3 days
Step #2, #3, #4 give 3 days (you may send Step #3 and Step #4 together and if so you would remove the response time section from Step #3).
Step #5 as soon as employer violates the estoppel by continued actions against you.
Count calendar days starting from date of the employer’s receipt of your previous notice. If/when possible, give an extra day before sending next step.
You may send the Notice of Default and Estoppel the same time (if short time frame) or separately (preferred). If you send separately, you may give 3 days response time for Notice of Default before sending the Notice of Estoppel.
Notice of Estoppel warns of liability and fee schedule and then when the employer continues to violate your rights you send the Notice of Violation of Estoppel which notifies of activation of fee schedule.
You may include fee schedule sections if you choose, but you may remove these sections if you are not comfortable. You may also change the amount of the fee. (Edit the documents accordingly). Even if you take out the fee schedule, leave the sections regarding liability under Title 18 and Title 42 in the documents.
You will notice that the documents refer to the “Constitution for the united States of America”. The “for” and lowercase “united” are intentional. This is the name of the original Constitution signed by our forefathers. The one more commonly spoken of is the “Constitution of the United States of America”. This is a different constitution that was created after the incorporation of the federal government. In Common Law we reference the original document that our forefathers signed.
If you’re a City and County of San Francisco (CCSF) employee please send us an email ASAP to get on our contact list for upcoming meetings about joining the case. This is for CCSF employees ONLY.
For case information click HERE.
We are working on updating and strengthening court documents and templates will be made available at NO CHARGE when they are ready.
San Francisco Employees Joinder Documents
Instructions for Filing Your Joinder
Joinder CCSF with Notice Documents
Declaration CCSF TEMPLATE for Joinders
Notice to Clerk of Court
Exhibit Cover Sheets
San Francisco Employees’ Court Documents Filed
San Francisco Employees’ Complaint
San Francisco Employees’ Memorandum of Points and Authorities
Ex Parte Eigil Qwist
If you witnessed the 10-13-21 hearing for the San Francisco employees case (Ex Parte Eigil Qwist), please consider submitting a judicial complaint to hold the judge accountable for misconduct in violation of his sworn Oath. Review the instructions document which gives examples of types of misconduct and follow the links within the document for more information about the judicial complaint process on the California Courts website. The online form has been prefilled with the case information, so just add your personal information. You will attach a separate document which describes the judicial misconduct in more detail. It is best if you somewhat personalize the complaint. The court transcript was purchased by Common Lawful and can be attached as evidence along with your judicial complaint.
Schulman’s Judicial Complaint
Court Transcript – Qwist
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