By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Please continue to check the website for updates. There will be a Spanish translation of the recording also available at the same number. We greatly appreciate the Judges efforts. Such production took place over several months back in 2012 and 2013. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. Postal Service, EEOC Case No. We wish all of you a joyous holiday season. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. 693 East Avenue Please call us if you have any questions about this. For our clients, please provide your updated contact information to us. You should mark the boxes for every statement that applies to your situation. 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. 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! Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. Nevertheless, those survey responses might help give you a starting point! If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Please know that we are fighting for you, just as we have done for over 10 years. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Thomas & Solomon 585-272-0540. We have not spoken with USPS attorneys about settlement of any claims. 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. That work includes representing you in your individual claim through the entire EEOC claims process. (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) Legal Case Summary. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. For example, we reported that there had been some confusing information provided by the EEOCs administrator. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Thomas & Solomon - Employment Attorneys Rochester NY Please do not give up on your claims for relief! We deeply appreciate your extraordinary patience as this lengthy process moves forward. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? Let us help you to fight for your rights. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. However, attorneys and staff are working remotely, and we are monitoring our voicemail. 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. Postal Service who have been subjected to [] If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. You should receive a form in the mail by March 18, 2019. The Judge asked a few clarifying questions about the submissions. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. 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. One important issue was decided during the status conference. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. We organized and submitted all available documentation in accordance with the Case Management Order. Free shipping for many products! You can always reject any offer that is made to you by the Postal Service in the future. The conference lasted a little over two hours. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. PDF UNITED STATES OF AMERICA - NRP Class Action Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. As a reminder, the EEOC has not issued any decisions on any of the claims. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. 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. 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. 3. We will post status updates on the claims process on this website. 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. The claims process is still moving forward. This proposal is consistent with many other successful class actions. We continue to work with the judge to move this case forward toward a final resolution. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. Thank you for your cooperation and patience through this lengthy process. 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. However, before you turn down any relief, you should speak with Class Counsel to explore your options. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. Our law offices have also been impacted by the Covid-19 situation. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. We recommend that you retain the claim form documents for your records. My Manager told me that I had no other option but to retire; or The judge stressed that the EEOC is actively weighing different ways to move the process forward. A significant amount of legal work remains to be accomplished as we press forward on every front. Thank you. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Our attorneys continue to work on this case, and we are in regular contact with the Judge. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. 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. A lengthy status conference was held with the Administrative Judge on May 13, 2019. View the law firm's profile for reviews, office locations, and contact information. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. US Postal Services Settles Discrimination Class Action for $17.3M She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. 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. 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. You can access the Declaration (with instructions) by clicking here. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now If you have questions related to filling out the Declaration form, please call us at 585-272-0540. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. 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. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. In that case a final decision has been rendered in favor of the injured workers. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. 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. Our proposed Case Management Order is carefully tailored to this unprecedented case. We thank you all for your continued patience with this process. There is no need for you to take any action at this time regarding the possibility of settlement. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. The best way to get guidance on your specific legal issue is to contact a lawyer. 4B-140-0062-06. 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. Please Note: You should complete, sign and return the Declaration form to our offices as soon as possible. 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. You may email our office at [email protected] or call us at 585-272-0540. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, [email protected], [email protected]. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). We are very grateful for the Judges willingness to discuss the possibility of settlement. The next status conference is set for January 24, 2020. 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. 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. My Manager told me that I might be sent to work for Walmart or another company. Please continue to monitor the website for further updates. For most claimants, filling out the form will take less than one hour. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC 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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. To schedule an employment law attorney consultation, please call or complete the intake form below. There is not a magic number for how much information should be submitted. My Supervisor complained about my limitations. 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 letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. Nrpclassaction.com: Home | NRP Class Action Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. If you have any additional documents, please make sure to include them with the completed Declaration. 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. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Just do the best that you can with any information that you know. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. 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. We continue to respond to each call and email in the order received. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. 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. Please continue to check this website for updates. Please continue to check this website for updates. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. Name * First Last . We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. 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. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Recently many claimants have been asking about the timeline as to when claims will be evaluated. We have recently received a final decision from the EEOC regarding our appeal. 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. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. Please note: we are using email to send these forms to our clients to the greatest extent possible. And please call or email us if you have questions. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Free shipping. nrp class action | PostalReporter.com If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. 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. Unfortunately, the Postal Service continues to dispute every single claim. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. We greatly appreciate your patience during this process. 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. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com At the end of todays status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. You may email our office at [email protected] or call us at 585-272-0540. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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. 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. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. The NRP has been rolled out in most USPS districts across the nation. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. NRP Class Action Victory - Class Member Claims DUE NOW (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. Today we had another video conference call with the Administrative Judge. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. U. S. Postal Service National Reassessment Process ("NRP") is found to Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. The EEOC has never been faced with a claimant class this large. As your attorneys, we agree with the Judges negative view of the opt-out process. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Thomas & Solomon LLP 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. 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. 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. 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). The call was fairly brief. 7. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. 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. * ATTORNEY ADVERTISING * NRP Class Action Against USPS - THE NEWS JUNKIE DAILY - Facebook Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. Yes. 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. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. Show the Postal Service that discrimination has consequences please submit a timely claim! 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.
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