We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. 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. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Merely submitting the claim form does not endanger your disability or social security claims. 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. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. A copy of Class Counsel's motion is available by clicking here. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. The best way to get guidance on your specific legal issue is to contact a lawyer. We thank you all for your continued patience with this process. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. We will represent you before an EEOC administrative judge. We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. The Order does not accept the plan proposed by Class Counsel. You do not need to send us documents that you already sent us. 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. No new date has been scheduled, but please continue to check the website for updates. Please Contact Us if you have any questions, comments or if you need information. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. Postal Service who have been subjected to [] In addition, you can use the continuation sheet of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as depression or anxiety), and medication prescribed as a result of the NRP. 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. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. 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. 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. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 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. Thomas & Solomon LLP Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. 0720080054. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. We are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019. To learn more about the case, please visit NRPclassaction.com. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now 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. Show the Postal Service that discrimination has consequences please submit a timely claim! In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. 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. Rochester NY, 14607 The Order 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 then Claimants have 20 days to submit their legal brief and evidence. Therefore, these activity files should already be in the possession of Phase I Class Counsel. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. 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. We will provide you with written instructions on what to include to support your claim. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Our team is standing by! We will provide an update as soon as a decision is issued regarding our motion for sanctions. U. S. Postal Service National Reassessment Process ("NRP") is found to We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. A copy of the Case Management Order is available by clicking here. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. Please continue to monitor this website for status updates. 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. You will also need to fill out the Declaration. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Unfortunately, the Postal Service continues to dispute every single claim. 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. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. Whether you get any money and how much is determined by the EEOCs decision on your claim. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. 6. Please check this website for an update after the Status Conference on March 4, 2022. No, your 30% contingency fee is only on the value of relief that you receive. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. The Postal Service is disrupting the process by issuing premature FADs. 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. 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. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 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. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). Please Note: 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. For most people, it will take less than one hour to complete the Declaration. Thank you for all of your patience. My Supervisors or co-workers called me lazy due to my restrictions. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Thank you for your cooperation and patience through this lengthy process. Our submission may be viewed here. Today we had another video conference call with the Administrative Judge. Please continue to monitor our website for more updates in the coming weeks. She also indicated that the EEOC intends to send a notice out of such website. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. Can I be reinstated to my USPS job now while this relief process is ongoing? Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. 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. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. The Judge partially granted our motion. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. Please check this website for updates. Our offices also agreed to provide some additional information that should assist the process which was obtained from the Postal Service during the course of the litigation and should provide the EEOC Judge with much of the requested information. 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 Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens Please continue to monitor this website for updates. 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. Do you need to file an individual appeal from the FAD? If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process. My Manager told me that I might be sent to work for Walmart or another company. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. Our goal is to get this matter resolved in a fair way as quickly as possible. 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. Continued patience is therefore required. 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. The . In the past few days, we have received a very large number of calls and emails related to this case. Free shipping. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! 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! On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional 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. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. We continue to work with the judge to move this case forward toward a final resolution. Yes. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. No. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Your claim in this case is a personal asset. Such production took place over several months back in 2012 and 2013. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. 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. 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. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. In the past few weeks, we received a very large number of calls and emails related to this case. 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. 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. You can send a letter that states "I request a copy of my Claim Form from the Pittman class action," and provide your mailing address. Please continue to monitor the website for updates. March 4, 2022 - Status Update - Status Conference - NRP Class Action The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Some 41,000 past and. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. 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. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. To see the Motion that was filed, CLICK HERE. My Manager told me that I had no other option but to retire; or The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. See below for more information. Postal Service, EEOC Case No. While GODADDY.COM LLC was its first registrar, . For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. 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. The claims process is still moving forward. Please continue to check this website for updates. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge. 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. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. We cannot predict how long this process will take. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Summary: The requirements of correctly constituting a limited company. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. You may want to include specific examples of statements that were made to you on your Continuation sheet. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. At the status conference, USPS called more plays from this old playbook. We will take all steps necessary to provide the Judge with timely submissions for all our clients. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. However, medical information can help support your claim for damages. You have come too far in the process to quit now. You are also allowed to use your own paper. 520-2010-00280X; Agency No. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. US Postal Service censured for forcing out disabled staff As always, we greatly appreciate your patience during this process. NRP Class Action Update December 2020 - Postal Employee Network This is a good development, but a lengthy fight remains in order to obtain a just and fair result. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. Please note: we are using email to send these forms to our clients to the greatest extent possible. 4. If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019. We have filed an extension request with the Judge. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened: Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. Please continue to check this website for updates. 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. All those who were harmed by the NRP discrimination should submit a timely written claim. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. 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. If applicable to you, here are some possible short statements that can help explain what happened: (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me.

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