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. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. The McConnell Case (NRP Class Action) | Injured Federal Worker NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. 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. As you will see, our proposal addresses both fairness and efficiency. * indicates required information USPS Class Action Claims | Home We can send you out a retainer letter that must be signed and returned to our office. The Administrative Judge has asked our offices to provide any evidence that claims were timely. 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: The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. We are very grateful for the Judges willingness to discuss the possibility of settlement. Here is a copy of the Order. They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. NRP Class Action Against USPS - THE NEWS JUNKIE DAILY - Facebook We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit Separate Legal Personality (SLP) is the basic tenet on which company law is premised. You may want to include specific examples of statements that were made to you on your Continuation sheet. 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. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. 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. We will provide an update to the website as soon as the Judge issues a decision. Please Note: We will promptly pursue this issue through the appropriate process. 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). 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. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. Home | NRP Class Action 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. 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. 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. A lengthy status conference was held with the Administrative Judge on May 13, 2019. My Supervisor complained about my limitations. 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. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. 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. 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. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC nrp class action | PostalReporter.com 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. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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. 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. Ms. 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. 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. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. 6. Please continue to check our website for updates. Our proposed Case Management Order is carefully tailored to this unprecedented case. A significant amount of legal work remains to be accomplished as we press forward on every front. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. To schedule an employment law attorney consultation, please call or complete the intake form below. 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. Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon 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. 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 . 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! 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. 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. Thomas & Solomon 585-272-0540. However, attorneys and staff are working remotely, and we are monitoring our voicemail. 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. As explained by the Judge in the recent order: [T]he U.S. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Please continue to check the website for updates. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Yes, the Postal Service should have provided us the NRP file for each person. 3. Show the Postal Service that discrimination has consequences please submit a timely claim! Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. We continue to take every action we can to ensure that this process moves forward as quickly as possible. US Postal Service censured for forcing out disabled staff We continue to fight for justice for all of the claimants in this case. We do not yet know what will be on the EEOC website, or when this will all happen. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. As your attorneys, we agree with the Judges negative view of the opt-out 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. 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. If you have questions about the NRP class action claims process, please review this FAQ section. Our law offices have also been impacted by the Covid-19 situation. Summary: The requirements of correctly constituting a limited company. We have recently received a final decision from the EEOC regarding our appeal. Posted in Federal Worker Compensation, General, Postal Workers. We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. No. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) You have come too far in the process to quit now. Postal Service, EEOC Case No. Please continue to monitor this website for any updates. Please continue to check this website for updates. 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. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. 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. 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. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. However, settlement is not possible in every case. 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. Over the next few weeks, we will be sending out new forms to many of our clients to complete. In any event, please rest assured that we will return all messages. Please continue to monitor the website for updates. We strongly recommend that you do not opt out of this process. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. 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. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. 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. 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. (585) 272-0540 (tel) As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. We recommend that you retain the claim form documents for your records. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. To the extent Please continue to monitor our website for more updates in the coming weeks. 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 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. 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. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. If you have already done so, thank you! It is also ok to provide a persons position title if you dont remember a persons name. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. Solomon Northup and Twelve Years a Slave: Analyzing . 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. The comprehensive spreadsheet must be filed by July 18, 2022. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. NRP Class Action Update December 2020 - Postal Employee Network I was told that I would be sent to work for Walmart; or We will post an update to this webpage as soon as a ruling is issued on this Motion. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). 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. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. 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. Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. Our offices will be in touch with you when you need to take additional steps. Just do the best that you can with any information that you know. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. As you may be aware, USPS disputed every claim submitted in this case. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. 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. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. We organized and submitted all available documentation in accordance with the Case Management Order. Thank you! You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. My Manager told me that I might be sent to work for Walmart or another company. EUC! My Supervisors or co-workers called me lazy due to my restrictions. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. We will provide you with written instructions on what to include to support your claim. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. USPS continues its stubborn opposition to providing money relief to claimants. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. 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. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. You can always reject any offer that is made to you by the Postal Service in the future. Of note, we may request feedback or clarification from some Claimants in the next few weeks. 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. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. 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. Yes. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation.
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