In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. Unfortunately, the Postal Service continues to dispute every single claim. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Name * First Last . We hope you and your loved ones are safe during these difficult times. 5. 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. Thank you. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future. The name of the case is McConnell v. U.S. Show the Postal Service that discrimination has consequences please submit a timely claim! There is no need at this time to send a copy of the Pittman claim form to our offices. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. The Postal Service HAS NOT sent copies of these letters to your attorneys. Please continue to check this website for updates. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. We wish all of you a joyous holiday season. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The conference lasted a little over two hours. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. She also indicated that the EEOC intends to send a notice out of such website. To learn more about the case, please visit NRPclassaction.com. 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. In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. We will promptly provide an update on this website as soon as that information is available. 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. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. Please continue to monitor the website for updates. 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. 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. Introduction. However, before you turn down any relief, you should speak with Class Counsel to explore your options. 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. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. 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 Judge partially granted our motion. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. 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. For better or worse, this case presents numerous potential impediments to wide-spread settlement. We cannot predict how long this process will take. The main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. 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. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Please continue to check our website for updates in the coming weeks. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. Posted in Federal Worker Compensation, General, Postal Workers. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. 8. A copy of the Case Management Order is available by clicking here. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. You do not need to send us documents that you already sent us. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. We deeply appreciate your extraordinary patience as this lengthy process moves forward. The EEOC Administrative Judge held a status conference on November 19, 2019. If you have any updated contact information and have not yet provided it to our office, please call us at 585-272-0540 or email us at NRPClassAction@theemploymentattorneys.com. We will post an update to this webpage as soon as a ruling is issued on this Motion. 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. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 0720080054. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. The Declaration form contains information that the EEOC Judge has requested for each claimant. No, there has been no settlement of this case. We are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed. Please check this website for an update after the Status Conference on March 4, 2022. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. My Manager told me that I might be sent to work for Walmart or another company. Again, do the best you can with the information you know. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The call was fairly brief. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. Our suggested claim form is easy to complete. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. Please continue to check the website for updates. 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. The Administrative Judge has asked our offices to provide any evidence that claims were timely. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or As you know, the EEOC has already entered a strong finding of discrimination against the Class as a whole, and we want to ensure that the claims process provides every Class Member a fair and reasonable opportunity to obtain all relief to which they are entitled under law, as efficiently as possible. 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. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. Recently many claimants have been asking about the timeline as to when claims will be evaluated. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Postal Service, EEOC Case No. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. A copy of Class Counsel's motion is available by clicking here. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . For an evaluation of your circumstances and legal options, reach us online here. Without your patience and persistence, the Postal Service would have won without a fight. We will provide an update after the status conference. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Please Contact Us if you have any questions, comments or if you need information. 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. USPS continues its stubborn opposition to providing money relief to claimants. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. Our submission may be viewed here. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. We will represent you before an EEOC administrative judge. We can send you out a retainer letter that must be signed and returned to our office. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. In any event, please rest assured that we will return all messages. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. For our clients, please provide your updated contact information to us. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. Find many great new & used options and get the best deals for Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach - Hit Toy at the best online prices at eBay! Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. In the past few days, we have received a very large number of calls and emails related to this case. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. Please call us if you have any questions about this. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. You will also need to fill out the Declaration. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. Please continue to monitor this website for further updates. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. In order to access the recorded message, you will need to call a special phone number. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. One important issue was decided during the status conference. Detailed instructions on completing the Declaration form are available by clicking here. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. We do not yet have any estimate on the length of time that this process will take. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! 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. 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. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. Please continue to monitor our website for more updates in the coming weeks. (585) 272-0540 (tel) The Postal Service is disrupting the process by issuing premature FADs. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. For example, we reported that there had been some confusing information provided by the EEOCs administrator. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. We recommend that you retain the claim form documents for your records. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. The NRP has been rolled out in most USPS districts across the nation. We continue to work with the judge to move this case forward toward a final resolution. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. Thomas & Solomon LLP We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. 520-2010-00280X; Agency No. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Please know that we are fighting for you, just as we have done for over 10 years. At this time, the Administrative Judge has not yet made her selection of Special Masters. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. A lengthy status conference was held with the Administrative Judge on May 13, 2019. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. Our offices will be in touch with you when you need to take additional steps. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. However, medical information can help support your claim for damages. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. You should mail this letter to: USPS - NELU Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration.
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