Let us help you to fight for your rights. Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). Introduction. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. In this case, the EEOC will appoint five Special Masters who will each have broad discretion to recommend damages and relief for the claims presented to them. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. 7. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. No, there has been no settlement of this case. It depends. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. We will represent you before an EEOC administrative judge. EUC! During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. First, please know that we will continue fighting to get you the best possible award. During the status conference last week, the Judge clearly indicated a strong desire to move the claim process forward as fast as possible, while also appreciating the logistical challenges associated with a case involving 28,000+ individual claims. The Order also states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019; and that Class Member claimants are to submit their response briefs and evidence 20 days after that (although the Order notes that extensions to the deadlines may be permitted). However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. We will provide you with written instructions on what to include to support your claim. My Manager told me that I might be sent to work for Walmart or another company. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. This decision by EEOC-OFO means that the case remains fully before the EEOC Administrative Judge, and that she can use her discretion to find an appropriate method to have the claims reviewed and decided. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. The Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. Ms. A copy of the Case Management Order is available by clicking here. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Our proposed Case Management Order is carefully tailored to this unprecedented case. Posted in Federal Worker Compensation, General, Postal Workers. As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. Postal Service, EEOC Case No. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. There is no action needed at this time on your individual claim. If you have any additional documents, please make sure to include them with the completed Declaration. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. We have recently received a final decision from the EEOC regarding our appeal. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. Appeal pending. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. At the very latest, you must complete, sign and return the form to us by March 25, 2019. Other people used a different claim form, then filled out a written retainer agreement with our office. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. Please call us if you have any questions about this. 0720080054. The call was fairly brief. View the law firm's profile for reviews, office locations, and contact information. 4B-140-0062-06. Summary: The requirements of correctly constituting a limited company. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. At the status conference, USPS called more plays from this old playbook. If you did either of those two things, then there is no need to fill out another retainer agreement. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Prior to the conference, the EEOC began analyzing the data at an overview level, and was prepared with a series of questions for both sides about the submitted data. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. Please Note: My Manager told me that I had no other option but to retire; or Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Until we know if our motion has been granted, you should proceed as though the Declaration should be returned to our office by March 25, 2019. You can see the order by clicking here. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Please note: we are using email to send these forms to our clients to the greatest extent possible. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. 5. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. We hope the EEOC will act quickly to restore order to this process. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. So I understood that I had no option but to retire; or Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. However, attorneys and staff are working remotely, and we are monitoring our voicemail. So I understood that I had no option but to retire; or, I was told that I would be sent to work for Walmart; or, They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or, They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or. A copy of Class Counsel's motion is available by clicking here. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. My Manager told me that I might be sent to work for Walmart or another company. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. Of note, we may request feedback or clarification from some Claimants in the next few weeks. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. Thank you for your support, assistance, and patience throughout this claims process. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. We strongly recommend that you do not opt out of this process. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. We will be in touch in the coming weeks if we need anything additional from you. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Our team is standing by! We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. The judge stressed that the EEOC is actively weighing different ways to move the process forward. The Administrative Judge held another video status conference with us today, and shared some news about the EEOC's plans for moving this case forward. The Declaration form contains information that the EEOC Judge has requested for each claimant. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. 3. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. 6. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). USPS continues its stubborn opposition to providing money relief to claimants. Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. If you have not yet received a call back, you may try to call us again, and you may be able to get through. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. Some 41,000 past and. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member's claim for relief. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Thank you for your prompt attention to this important task! On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. Please continue to monitor this website for further updates. The Postal Service HAS NOT sent copies of these letters to your attorneys. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. One important issue was decided during the status conference. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. If you receive nothing as a result of your claim, you would owe us nothing. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. As you may be aware, USPS disputed every claim submitted in this case. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. Please continue to monitor our website for updates. No. Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. Again, there is no need for you to take any action at this time regarding the possibility of settlement. For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. No new date has been scheduled, but please continue to check the website for updates. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. However, medical information can help support your claim for damages. That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. * Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. We thank you all for your continued patience with this process. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. We understand that there is some confusion as to the date when the spreadsheet submissions are due. NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge.
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