In the past few days, we have received a very large number of calls and emails related to this case. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. 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. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. We will continue to provide updates on this website as notable developments occur. The Order does not accept the plan proposed by Class Counsel. Postal Service, EEOC Case No. Do you need to file an individual appeal from the FAD? 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. * indicates required information The call was very lengthy, lasting almost three hours. 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. We will provide you with written instructions on what to include to support your claim. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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. Our goal is to get this matter resolved in a fair way as quickly as possible. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. 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. Some 41,000 past and. 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. We have recently received a final decision from the EEOC regarding our appeal. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. Thank you for all of your patience. The Administrative Judge held another video status conference with us today, and shared some news about the EEOC's plans for moving this case forward. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. An update will be provided following the May 12, 2022 status conference. Detailed instructions on completing the Declaration form are available by clicking here. If you did either of those two things, then there is no need to fill out another retainer agreement. You can access the Declaration (with instructions) by clicking here. 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! 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. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. 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. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. 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. 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. You should mail this letter to: USPS - NELU The Postal Service has sent forms to be completed by some claimants. Please continue to check this website for updates. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. 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. 4B-140-0062-06. Without your patience and persistence, the Postal Service would have won without a fight. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. 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. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. We will post an update to this webpage as soon as a ruling is issued on this Motion. Your claim in this case is a personal asset. 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. Unfortunately, the Postal Service continues to dispute every single claim. We do not yet have any estimate on the length of time that this process will take. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. The EEOC Administrative Judge held a status conference on November 19, 2019. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. Again, do the best you can with the information you know. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. Continued patience is therefore required. 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. For our clients, please provide your updated contact information to us. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. Salomon v A Salomon and Co Ltd [1897] AC 22. We are very grateful for the Judges willingness to discuss the possibility of settlement. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. 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. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. 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. As always, please continue to monitor this website for any updates. Please continue to monitor our website for updates. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. Postal Service who have been subjected to [] If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. 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. Go ahead and read through the instructions we provided and do the best that you can. We continue to take every action we can to ensure that this process moves forward as quickly as possible. 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. Thank you for your continued patience! 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. Posted in Federal Worker Compensation, General, Postal Workers. As explained by the Judge in the recent order: [T]he U.S. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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. 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. 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 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. 600 17th Street, Suite 1705-S Please know that we are fighting for you, just as we have done for over 10 years. 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. 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. Thank you for your cooperation and patience through this lengthy process. The call was fairly brief. Rochester NY, 14607 Please note: we are using email to send these forms to our clients to the greatest extent possible. If you receive a request from us for additional information, we urge you to respond as soon as possible. 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. 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. We will post status updates on the claims process on this website. Please continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Please check this website frequently for updates. Our team is standing by! Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Our offices will be in touch with you when you need to take additional steps. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. Therefore, if you have not already 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 by March 31. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. Legal Case Summary. Thomas & Solomon LLP The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. 9. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. The EEOC has never been faced with a claimant class this large. There will be a Spanish translation of the recording also available at the same number. 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. 3. To see the Motion that was filed, CLICK HERE. 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. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. We thank you all for your continued patience with this process. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. There may be better options that would work in your benefit. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please continue to monitor the website for updates. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Appeal pending. Find many great new & used options and get the best deals for Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach - Hit Toy at the best online prices at eBay! 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. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. If applicable to you, here are some possible short statements that can help explain what happened: Thank you as always for your cooperation and support during the claim review process. We wish all of you a joyous holiday season. We respond promptly to inquiries. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Please Note: 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. 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. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. 693 East Avenue 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. 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 continue to work with the judge to move this case forward toward a final resolution. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Free shipping. 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. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. (A copy of the Declaration form is available by clicking this link). We hope you and your loved ones are safe during these difficult times. * ATTORNEY ADVERTISING * There is no action needed at this time on your individual claim. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. The judge may wish for a live hearing to determine the proper award for your claim. She also indicated that the EEOC intends to send a notice out of such website. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. I was told that I would be sent to work for Walmart; or View the brief trailer from 12 Years a Slave (2013).. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. Please continue to check the website for updates. 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. 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. As previously reported, we have filed an extension request with the Judge. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. 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.