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. Yes. 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. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. 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. 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. 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. 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. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. Please continue to check our website for updates. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate date. Thomas & Solomon LLP We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. 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. Therefore, these activity files should already be in the possession of Phase I Class Counsel. EUC! However, before you turn down any relief, you should speak with Class Counsel to explore your options. Welcome to the USPS Class Action Claim Website. She also indicated that the EEOC intends to send a notice out of such website. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. 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. I was told that I would be sent to work for Walmart; or Please continue to check our website for updates in the coming weeks. 693 East Avenue After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. The name of the case is McConnell v. U.S. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. An update will be provided following the May 12, 2022 status conference. You are also allowed to use your own paper. (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. If you receive a request from us for additional information, we urge you to respond as soon as possible. Here is a copy of the Order. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. We have not spoken with USPS attorneys about settlement of any claims. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. 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. 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. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. 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. 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. Click here to see the latest news on the case. 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. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. 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. Postal Service by employees with disabilities. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. 4B-140-0062-06. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. 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. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 5. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. The call was very lengthy, lasting almost three hours. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. The Order does not accept the plan proposed by Class Counsel. The Postal Service is disrupting the process by issuing premature FADs. Our law offices have also been impacted by the Covid-19 situation. 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. 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). Thank you! It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). 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. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. 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. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. We will be in touch in the coming weeks if we need anything additional from you. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). If you have questions about the NRP class action claims process, please review this FAQ section. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. Can I be reinstated to my USPS job now while this relief process is ongoing? You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. No, your 30% contingency fee is only on the value of relief that you receive. A lengthy status conference was held with the Administrative Judge on May 13, 2019. 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. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. Please Contact Us if you have any questions, comments or if you need information. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please check this website for an update after the Status Conference on March 4, 2022. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. 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. 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. 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. 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. We are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed. Activity 1. While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes. 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. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. We also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. In the past few weeks, we received a very large number of calls and emails related to this case. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Ms. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. 4. 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.". Some 41,000 past and. Thank you for your cooperation and patience through this lengthy process. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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. Yes. 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. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Our suggested claim form is easy to complete. 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. 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. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. You should complete, sign and return the Declaration form to our offices as soon as possible. Yes. Please continue to monitor our website for updates. Yes, we will include any documents you have provided to our office. The judge may wish for a live hearing to determine the proper award for your claim. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. Detailed instructions on completing the Declaration form are available by clicking here. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. The EEOC agreed with our position. You have come too far in the process to quit now. Merely submitting the claim form does not endanger your disability or social security claims. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. Our proposal recognizes the limits on the EEOCs case-processing capacity, as well as the Postal Services unyielding opposition to fair resolution of your claims. Many class members who submitted claims for individual relief have received response letters from the Postal Service. 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. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. The EEOC Administrative Judge held a status conference on November 19, 2019. We respond promptly to inquiries. 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. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. 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. 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. We are responding to each call and email in the order received. Please call us if you have any questions about this. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). View the brief trailer from 12 Years a Slave (2013).. No new date has been scheduled, but please continue to check the website for updates. 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. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. (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.) As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Your claim in this case is a personal asset. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. The conference lasted a little over two hours. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. At the status conference, USPS called more plays from this old playbook. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. 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! The best way to get guidance on your specific legal issue is to contact a lawyer. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. 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. We will continue to keep you posted on all major developments in the case. We will promptly update this website as soon as we have news to report. Salomon v A Salomon and Co Ltd [1897] AC 22. No. Free shipping for many products! We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. We will take all steps necessary to provide the Judge with timely submissions for all our clients. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. We wish all of you a joyous holiday season. We are very grateful for the Judges willingness to discuss the possibility of settlement. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Please know that we are fighting for you, just as we have done for over 10 years. Recently many claimants have been asking about the timeline as to when claims will be evaluated. 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? On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award.
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