Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. 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. Please continue to monitor this website for status updates. You do not need to send us documents that you already sent us. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. The next status conference is November 28, 2022. 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. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. 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. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now If you retain us, your total contingency fee payment will be 30%. 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. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. 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. Of note, we may request feedback or clarification from some Claimants in the next few weeks. USPS NRP Class Action Lawsuit Settlement - Juris Laws It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. To see the Motion that was filed, CLICK HERE. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. No, there has been no settlement of this case. You are also allowed to use your own paper. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. 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. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. To learn more about the case, please visit NRPclassaction.com. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. 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. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. Our proposed Case Management Order is carefully tailored to this unprecedented case. Therefore, these activity files should already be in the possession of Phase I Class Counsel. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. 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.. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. 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. Yes. Our law offices have also been impacted by the Covid-19 situation. 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or If you have questions about the NRP class action claims process, please review this FAQ section. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. One important issue was decided during the status conference. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. 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. 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. Posted in Federal Worker Compensation, General, Postal Workers. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. We do not yet have any estimate on the length of time that this process will take. 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. 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. Ms. We currently have no information regarding the nature of the EEOCs website or the notice, so unfortunately cannot yet provide answers to questions you may have, but we will provide a detailed update as soon as we have additional information. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. 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. We strongly recommend that you do not opt out of this process. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. March 4, 2022 - Status Update - Status Conference - NRP Class Action The recording will be available 24 hours a day (7 days a week) until April 9, 2021. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. At the very latest, you must complete, sign and return the form to us by March 25, 2019. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Yes. 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. Merely submitting the claim form does not endanger your disability or social security claims. Also, please note that not every client is being sent these forms at this time. This proposal is consistent with many other successful class actions. NRP Class Action Lawsuit Updates (February - May 2022) First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. She also indicated that the EEOC intends to send a notice out of such website. 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. Thomas & Solomon 585-272-0540. Again, do the best you can with the information you know. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please continue to check the website for updates. 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. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. We recommend that you retain the claim form documents for your records. 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. We will post status updates on the claims process on this website. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. A copy of the Case Management Order is available by clicking here. The Judge has indicated a desire to resolve this issue promptly, if possible. US Postal Services Settles Discrimination Class Action for $17.3M Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. Appeal pending. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. We will provide you with written instructions on what to include to support your claim. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. The name of the case is McConnell v. U.S. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. 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. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). We have notched many milestone successes in this case since 2006. (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.) We wish all of you a joyous holiday season. 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). The comprehensive spreadsheet must be filed by July 18, 2022. We have not spoken with USPS attorneys about settlement of any claims. 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 monitor this website for updates on the case. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. NRP Class Action Victory - Class Member Claims DUE NOW After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. We will provide updated information regarding the process on this website. You can always reject any offer that is made to you by the Postal Service in the future. 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. 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. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. 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. We continue to work with the judge to move this case forward toward a final resolution. 7. The conference lasted a little over two hours. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. We will promptly provide an update on this website as soon as that information is available. 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. We will take all steps necessary to provide the Judge with timely submissions for all our clients. We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. You should mail this letter to: USPS - NELU The next status conference with the EEOC Judge is scheduled for August 2019. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. . 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. 2. 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. My Manager told me that I might be sent to work for Walmart or another company. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. We believe that the Administrative Judge's news from today means that we should see some real progress in 2023 toward a final result for your claim in this case. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. Our offices will be in touch with you when you need to take additional steps. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 9. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. View the law firm's profile for reviews, office locations, and contact information. Thanks to all who have returned Declarations to us. 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. 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. As always, we greatly appreciate your support and patience throughout this process. 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? 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). 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. It is also ok to provide a persons position title if you dont remember a persons name. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. 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. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on claims. 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: We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. Thank you for your support, assistance, and patience throughout this claims process. During the status conference last week, the Judge clearly indicated a strong desire to move the claim process forward as fast as possible, while also appreciating the logistical challenges associated with a case involving 28,000+ individual claims. 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. * Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. 600 17th Street, Suite 1705-S We are very grateful for the Judges willingness to discuss the possibility of settlement. In that case a final decision has been rendered in favor of the injured workers. PDF UNITED STATES OF AMERICA - NRP Class Action These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. For an evaluation of your circumstances and legal options, reach us online here. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. In any event, please rest assured that we will return all messages. Thank you! You can access the Declaration (with instructions) by clicking here. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Please continue to check our website for updates. Unfortunately, the Postal Service continues to dispute every single claim. We are continuing the process of organizing this information as fast as possible. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. 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. However, attorneys and staff are working remotely, and we are monitoring our voicemail. Unfortunately, some of our clients in this case have passed away. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Thank you as always for your cooperation and support during the claim review process. EEOC finds USPS practiced disability discrimination 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. 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. Please continue to check this website for updates. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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.