Please continue to monitor our website for more updates in the coming weeks. Yes, we will include any documents you have provided to our office. This proposal is consistent with many other successful class actions. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. 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. View the law firm's profile for reviews, office locations, and contact information. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. 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. As your attorneys, we agree with the Judges negative view of the opt-out process. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). Go ahead and read through the instructions we provided and do the best that you can. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. If applicable to you, here are some possible short statements that can help explain what happened: All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Thank you for your prompt attention to this important task! We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Salomon v A Salomon and Co Ltd [1897] AC 22. 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. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. As explained by the Judge in the recent order: [T]he U.S. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. We will promptly provide an update on this website as soon as that information is available. During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. 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. Just do the best that you can with any information that you know. 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 continue to monitor this website for status updates. A copy of Class Counsel's motion is available by clicking here. Please check this website for an update after the Status Conference on March 4, 2022. 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. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. 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. You have come too far in the process to quit now. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. In order to access the recorded message, you will need to call a special phone number. 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. 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. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. Please continue to monitor this website for any updates. For our clients, please provide your updated contact information to us. 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. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 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 Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. If you have already done so, thank you! A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. My Manager told me that I had no other option but to retire; or 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. There is no need at this time to send a copy of the Pittman claim form to our offices. As always, we greatly appreciate your patience during this process. Appeal pending. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. While GODADDY.COM LLC was its first registrar, . The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. 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. The next status conference with the EEOC Judge is scheduled for August 2019. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Today we had another video conference call with the Administrative Judge. 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. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. No, your 30% contingency fee is only on the value of relief that you receive. The next status conference is scheduled for October 31, 2022 at 11:00 am. 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. 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. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. The call was fairly brief. 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 you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. You can access the Declaration (with instructions) by clicking here. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. Show the Postal Service that discrimination has consequences please submit a timely claim! Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. 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. 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. So I understood that I had no option but to retire; or There is no need for you to take any action at this time regarding the possibility of settlement. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Other people used a different claim form, then filled out a written retainer agreement with our office. 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. Thank you for your cooperation and patience through this lengthy process. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Please continue to check this website for updates. 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. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . We organized and submitted all available documentation in accordance with the Case Management Order. We do not yet know what will be on the EEOC website, or when this will all happen. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. The comprehensive spreadsheet must be filed by July 18, 2022. As you will see, our proposal addresses both fairness and efficiency. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. 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. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. * indicates required information We currently have no information regarding the nature of the EEOCs website or the notice, so unfortunately cannot yet provide answers to questions you may have, but we will provide a detailed update as soon as we have additional information. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. There is not a magic number for how much information should be submitted. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. 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. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. Postal Service, EEOC Case No. Such production took place over several months back in 2012 and 2013. We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. Additional Continuation Sheets and Witness Statement forms are available by clicking here. The Judge has indicated a desire to resolve this issue promptly, if possible. Can I be reinstated to my USPS job now while this relief process is ongoing? 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. As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. The Judge asked a few clarifying questions about the submissions. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. Activity 1. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. 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. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. 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. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Introduction. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. 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. 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. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. The name of the case is McConnell v. U.S. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. My Supervisor complained about my limitations. 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. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Let us help you to fight for your rights. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. At the status conference, USPS called more plays from this old playbook. We will represent you before an EEOC administrative judge. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 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. EUC! We hope the EEOC will act quickly to restore order to this process. These forms are very short, and most clients will be able to complete these forms in five minutes or less. 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. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. 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. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Please continue to monitor this website over the upcoming weeks for additional important information. 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. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. You will also need to fill out the Declaration. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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 complete, sign and return the Declaration form to our offices as soon as possible. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. However, attorneys and staff are working remotely, and we are monitoring our voicemail. First, please know that we will continue fighting to get you the best possible award. Our goal is to get this matter resolved in a fair way as quickly as possible. 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! Please continue to monitor this website for further updates. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. 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. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. If you retain us, your total contingency fee payment will be 30%. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. We will take all steps necessary to provide the Judge with timely submissions for all our clients. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. 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. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. Yes. To schedule an employment law attorney consultation, please call or complete the intake form below. We will provide updated information regarding the process on this website. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. 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. Click here for a copy of the notice of appeal filed on July 12, 2018. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. No. 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. The judge stressed that the EEOC is actively weighing different ways to move the process forward. The conference lasted a little over two hours. 4B-140-0062-06. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. We will be in touch in the coming weeks if we need anything additional from you. Denver, CO 80202. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded.
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