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. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. You should include specific names of people that harassed you, and approximate dates to the best you can. 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. 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. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. When the EEOC notice is issued, we will post a copy of it on this website. 6. Thank you as always for your cooperation and support during the claim review process. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. To the best of our knowledge, the EEOC has never created a website devoted to a single case. If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. We do not yet have any estimate on the length of time that this process will take. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. Again, if you have not yet 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 with the Judge by March 31. 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. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. 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. Please continue to check the website for updates. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. 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. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. For most people, it will take less than one hour to complete the Declaration. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. The comprehensive spreadsheet must be filed by July 18, 2022. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. As you may be aware, USPS disputed every claim submitted in this case. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. 600 17th Street, Suite 1705-S She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. 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. Without your patience and persistence, the Postal Service would have won without a fight. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. We believe that this action by the Postal Service is improper. Please continue to monitor the website for updates. We continue to take every action possible to help the Judge move this process forward. 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. (Our firms did not seek any such extension.) The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. 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. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. 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. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. 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. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. The Order does not accept the plan proposed by Class Counsel. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. No. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. 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. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive. 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! EUC! Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. (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. Please continue to monitor this website for updates on the case. Thomas & Solomon 585-272-0540. We have recently received a final decision from the EEOC regarding our appeal. For more information about the Pittman class action, please go to http://www.pittmanclass.com. The judge stressed that the EEOC is actively weighing different ways to move the process forward. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) We organized and submitted all available documentation in accordance with the Case Management Order. However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. 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. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. The Declaration form contains information that the EEOC Judge has requested for each claimant. 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. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Whether you get any money and how much is determined by the EEOCs decision on your claim. As always, we greatly appreciate your support and patience throughout this process. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. We strongly encourage timely cooperation if you receive the notice from the EEOC. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. We will promptly pursue this issue through the appropriate process. If you did either of those two things, then there is no need to fill out another retainer agreement. 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. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. Please check this website for an update after the Status Conference on March 4, 2022. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. USPS continues its stubborn opposition to providing money relief to claimants. 10. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. 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. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. The judge may wish for a live hearing to determine the proper award for your claim. You should mail this letter to: USPS - NELU 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims 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 will continue to keep you posted on all major developments in the case. Thank you. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. 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. There will be a Spanish translation of the recording also available at the same number. My Supervisor complained about my limitations. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. A contingency fee is only paid if we obtain a recovery for you. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. Please Note: Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. The Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. The Postal Service HAS NOT sent copies of these letters to your attorneys. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. 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. 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. 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. 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). Please Contact Us if you have any questions, comments or if you need information. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. 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. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. Please note: we are using email to send these forms to our clients to the greatest extent possible. 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. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Free shipping. At Thomas & Solomon LLP, we forcefully protect those rights. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. We have notched many milestone successes in this case since 2006. U.S. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. My Supervisors or co-workers called me lazy due to my restrictions. For an evaluation of your circumstances and legal options, reach us online here. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. We continue to work with the judge to move this case forward toward a final resolution. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. Attorney website: www.nrpclassaction.com Attorney phone #s: 585 272 0540 or toll free 877 272 4066 The 30 day window to file a written claim (measured from the date a class member receives notice from the Postal Service) provides a short time period. A copy of the Case Management Order is available by clicking here. No. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. The next status conference with the EEOC Judge is scheduled for August 2019. 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. We continue to respond to each call and email in the order received. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. As the Judge noted in her decision, 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.. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. It depends. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. 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. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. Can I be reinstated to my USPS job now while this relief process is ongoing? 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 EEOC Judge now has submissions from both sides regarding relief for all Claimants. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Thank you for your continued patience! 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. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. 5. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Just do the best that you can with any information that you know. 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. * ATTORNEY ADVERTISING * 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. You should complete, sign and return the Declaration form to our offices as soon as possible. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. Postal Service, EEOC Case No. Thank you for your prompt attention to this important task! We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Posted in Federal Worker Compensation, General, Postal Workers. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Nevertheless, those survey responses might help give you a starting point! You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. We are responding to each call and email in the order received. As previously reported, we have filed an extension request with the Judge. Thomas & Solomon LLP 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. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. If you have already done so, thank you! We have not spoken with USPS attorneys about settlement of any claims. We continue to fight for justice for all of the claimants in this case. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. We are continuing the process of organizing this information as fast as possible. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. Name * First Last . 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. Your claim in this case is a personal asset. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Our law offices have also been impacted by the Covid-19 situation. Appeal pending. To learn more about the case, please visit NRPclassaction.com. The Judge went on to explain that although claimants themselves can seek a FAD and thus leave this case, the Judge also said it is: unclear why any claimant would opt out of the class and seek a FAD. In any event, please rest assured that we will return all messages. The . 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. 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 . 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.
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