We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. Again, do the best you can with the information you know. 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. 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. 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 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 . Solomon Northup and Twelve Years a Slave: Analyzing . Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. You are also allowed to use your own paper. Please continue to monitor our website for updates. Postal Service who have been subjected to [] The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. NRP Class Action is being handled by Thomas & Solomon LLP. Over the next few weeks, we will be sending out new forms to many of our clients to complete. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. The Judge partially granted our motion. 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 fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. 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? These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. Again, there is no need for you to take any action at this time regarding the possibility of settlement. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. Accordingly, it is a good idea to proceed cautiously. Other people used a different claim form, then filled out a written retainer agreement with our office. 7. 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. I was told that I would be sent to work for Walmart; or The best way to get guidance on your specific legal issue is to contact a lawyer. Our submission may be viewed here. 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. Ms. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. Please continue to check our website for updates in the coming weeks. See below for more information. 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. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. 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 status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought 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 do not yet have any estimate on the length of time that this process will take. The claims process is still moving forward. Yes, we will include any documents you have provided to our office. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Rochester NY, 14607 As your attorneys, we agree with the Judges negative view of the opt-out process. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. Here are 10 things for every claimant to know RIGHT NOW: 1. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. We are responding to each call and email in the order received. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. Thank you for your cooperation and patience through this lengthy process. Activity 1. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. 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. 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. Salomon v A Salomon and Co Ltd [1897] AC 22. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. 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. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. 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. 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. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. For better or worse, this case presents numerous potential impediments to wide-spread settlement. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. 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. 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. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). * 10. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 600 17th Street, Suite 1705-S If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. 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. 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. Thank you for your support, assistance, and patience throughout this claims process. 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. 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. 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. Some 41,000 past and. For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. No. 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. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. Thank you for all of your patience. At this time, the Administrative Judge has not yet made her selection of Special Masters. 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 Postal Service has sent forms to be completed by some claimants. In order to access the recorded message, you will need to call a special phone number. In the case of Sandra McConnell, et al. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. Postal Service, EEOC Case No. 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. 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. Merely submitting the claim form does not endanger your disability or social security claims. Posted in Federal Worker Compensation, General, Postal Workers. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. Recently many claimants have been asking about the timeline as to when claims will be evaluated. We greatly appreciate the Judges efforts. 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. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. However, settlement is not possible in every case. Please know that we are fighting for you, just as we have done for over 10 years. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. View the law firm's profile for reviews, office locations, and contact information. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. Our proposed Case Management Order is carefully tailored to this unprecedented case. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. 520-2008-00053X. Please continue to check this website for updates. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. 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). The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. One important issue was decided during the status conference. Please continue to monitor this website for updates on the case. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. 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. 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. 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. Free shipping for many products! We have filed an extension request with the Judge. You can always reject any offer that is made to you by the Postal Service in the future. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. Please continue to monitor this website for updates. 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.