In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. View the law firm's profile for reviews, office locations, and contact information. 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 believe the Postal Service must be held accountable for the consequences of its discrimination. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC Judge. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. The Judge partially granted our motion. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. As always, please continue to monitor this website for any updates. Please continue to monitor this website for further updates. The value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. Introduction. 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. Our proposed Case Management Order is carefully tailored to this unprecedented case. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. 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. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. 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. US Postal Services Settles Discrimination Class Action for $17.3M 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. 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. 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: If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. You can access the Declaration (with instructions) by clicking here. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. No. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Without your patience and persistence, the Postal Service would have won without a fight. For most claimants, filling out the form will take less than one hour. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. 4B-140-0062-06. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. If you did either of those two things, then there is no need to fill out another retainer agreement. Current status of the NRP class action case - Postal Times 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 . However, before you turn down any relief, you should speak with Class Counsel to explore your options. You should mark the boxes for every statement that applies to your situation. 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. To schedule an employment law attorney consultation, please call or complete the intake form below. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. U. S. Postal Service National Reassessment Process ("NRP") is found to On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. 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. 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. My Manager told me that I had no other option but to retire; or Here are 10 things for every claimant to know RIGHT NOW: 1. We are responding to each call and email in the order received. As always, we greatly appreciate your patience during this process. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. 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. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. 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. 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. USPS Class Action Claims | Home 6. (585) 272-0540 (tel) Please continue to monitor our website for more updates in the coming weeks. 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. The . You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. In order to access the recorded message, you will need to call a special phone number. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. 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. 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. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. 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. Our law offices have also been impacted by the Covid-19 situation. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. As always, we greatly appreciate your support and patience throughout this process. 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. Yes. 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. 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. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. No, there has been no settlement of this case. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. The judge may wish for a live hearing to determine the proper award for your claim. We will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and Lawsuit reveals that nearly 44,000 US Postal Service workers have been 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. 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. 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. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. 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. Click here for a copy of the notice of appeal filed on July 12, 2018. Go ahead and read through the instructions we provided and do the best that you can. USPS NRP Class Action Lawsuit Settlement - Juris Laws Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. 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. This is a big victory for all claimants, and a giant step toward conclusion of this process. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. Salomon v A Salomon & Co Ltd - Wikipedia And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. We will promptly update this website as soon as we have news to report. Our suggested claim form is easy to complete. 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. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. 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! 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. 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 respond promptly to inquiries. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon 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. The Administrative Judge has asked our offices to provide any evidence that claims were timely. Free shipping for many products! Therefore, if you have not already provided us with a Disability Form (Supplemental Declaration Regarding Disability), you must provide that form to us right away so that it can be filed by March 31. 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. At the status conference, USPS called more plays from this old playbook. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. We continue to work with the judge to move this case forward toward a final resolution. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. And as always, please continue to monitor this website for any important updates. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. 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. 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 EEOC Administrative Judge held a status conference on November 19, 2019. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. Please Note: 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. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The EEOC has never been faced with a claimant class this large. We have filed an extension request with the Judge. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit We continue to take every action we can to ensure that this process moves forward as quickly as possible. Nrpclassaction.com: Home | NRP Class Action We will provide an update as soon as a decision is issued regarding our motion for sanctions. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. There is still time to retain us. Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. Click here to see the latest news on the case. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. 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. The Order also states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019; and that Class Member claimants are to submit their response briefs and evidence 20 days after that (although the Order notes that extensions to the deadlines may be permitted). Please check this website frequently for updates. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. As previously reported, we have filed an extension request with the Judge. As you will see, our proposal addresses both fairness and efficiency. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. If you receive a request from us for additional information, we urge you to respond as soon as possible. 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! There will be a Spanish translation of the recording also available at the same number. 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. 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 will post status updates on the claims process on this website. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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 not yet announced the process or timeline for reviewing claims.
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