Please note that this does not directly relate to your claim in the NRP Class Action. 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. No, there has been no settlement of this case. 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. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. This proposal is consistent with many other successful class actions. The EEOC has never been faced with a claimant class this large. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. 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). Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. 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. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Ms. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. 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 . * ATTORNEY ADVERTISING * If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. Thomas & Solomon LLP Please do not give up on your claims for relief! In the past few days, we have received a very large number of calls and emails related to this case. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). Our law offices have also been impacted by the Covid-19 situation. To schedule an employment law attorney consultation, please call or complete the intake form below. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. The call was fairly brief. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Postal Service by employees with disabilities. Click here to see the latest news on the case. 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. Yes, we will include any documents you have provided to our office. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. As previously reported, we have filed an extension request with the Judge. 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. Other people used a different claim form, then filled out a written retainer agreement with our office. There will be a Spanish translation of the recording also available at the same number. You are also allowed to use your own paper. 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. 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. For better or worse, this case presents numerous potential impediments to wide-spread settlement. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Judge partially granted our motion. 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. 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. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. (A copy of the Declaration form is available by clicking this link). In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. 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. 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. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. 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 continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. 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. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. 3. If you have questions about the NRP class action claims process, please review this FAQ section. . We do not yet know what will be on the EEOC website, or when this will all happen. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. Please continue to monitor the website for further updates. In order to access the recorded message, you will need to call a special phone number. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. We have filed an extension request with the Judge. The call was very lengthy, lasting almost three hours. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 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. 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. 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 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. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. For our clients, please provide your updated contact information to us. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. U.S. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. Please continue to monitor our website for updates. We hope you and your loved ones are safe during these difficult times. We will represent you before an EEOC administrative judge. If applicable to you, here are some possible short statements that can help explain what happened: Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. 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. 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. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. 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. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. It depends. As a reminder, the EEOC has not issued any decisions on any of the claims. 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. 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. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. If you have already done so, thank you! All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. 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. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. We continue to take every action possible to help the Judge move this process forward. View the brief trailer from 12 Years a Slave (2013).. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Our goal is to get this matter resolved in a fair way as quickly as possible. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. We will continue to provide updates on this website as notable developments occur. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. We have notched many milestone successes in this case since 2006. A copy of the Case Management Order is available by clicking here. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. We continue to work with the judge to move this case forward toward a final resolution. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. Our offices will be in touch with you when you need to take additional steps. 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. Unfortunately, the Postal Service continues to dispute every single claim. 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. Show the Postal Service that discrimination has consequences please submit a timely claim! 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. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. The NRP has been rolled out in most USPS districts across the nation. So I understood that I had no option but to retire; or No. There is no need at this time to send a copy of the Pittman claim form to our offices. 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. We will provide an update to the website as soon as the Judge issues a decision. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. You can always reject any offer that is made to you by the Postal Service in the future. 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 Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. 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 wish all of you a joyous holiday season. 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. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. The next status conference is scheduled for October 31, 2022 at 11:00 am. 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 can send you out a retainer letter that must be signed and returned to our office. EUC! Solomon Northup and Twelve Years a Slave: Analyzing . Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. 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. 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. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. We have recently received a final decision from the EEOC regarding our appeal. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 7. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service.
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