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. 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. Postal Service, EEOC Case No. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 0720080054. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. If you retain us, your total contingency fee payment will be 30%. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. Your claim in this case is a personal asset. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. (585) 272-0540 (tel) We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. We appealed this improper action by the Postal Service. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. There may be better options that would work in your benefit. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. 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. It depends. See below for more information. Updates - NRP Class Action Lawsuit And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. 6. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. Thomas & Solomon LLP 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. Please continue to monitor this website for updates on the case. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. U.S. My Supervisor complained about my limitations. Many of you have asked about the next steps in the EEOC process. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. Here is a copy of the Order. 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. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. The Judge expressed a hope that she could begin to review individual claims in late July or August. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! We have notched many milestone successes in this case since 2006. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Introduction. In order to access the recorded message, you will need to call a special phone number. Our law offices have also been impacted by the Covid-19 situation. Thomas & Friends TrackMaster "JAMES" Motorized Train Engine 2009 WORKS Thanks as always for your ongoing patience, and your assistance in this case. 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. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action 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. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. US Postal Services Settles Discrimination Class Action for $17.3M We do not yet know what will be on the EEOC website, or when this will all happen. Thanks to all who have returned Declarations to us. To learn more about the case, please visit NRPclassaction.com. Yes. 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 main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. 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). That work includes representing you in your individual claim through the entire EEOC claims process. No. The next status conference with the EEOC Judge is scheduled for August 2019. The name of the case is McConnell v. U.S. You are also allowed to use your own paper. 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. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. We strongly recommend that you do not opt out of this process. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. Click here for a copy of the notice of appeal filed on July 12, 2018. 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. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. Here are 10 things for every claimant to know RIGHT NOW: 1. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Nevertheless, those survey responses might help give you a starting point! Of note, we may request feedback or clarification from some Claimants in the next few weeks. Please continue to monitor this website for status updates. Over the next few weeks, we will be sending out new forms to many of our clients to complete. 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. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement. 4B-140-0062-06. The McConnell Case (NRP Class Action) | Injured Federal Worker Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. 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. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". For our clients, please provide your updated contact information to us. 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. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. U. S. Postal Service National Reassessment Process ("NRP") is found to 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. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. Nrpclassaction.com: Home | NRP Class Action 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. The claims process is still moving forward. If you receive a request from us for additional information, we urge you to respond as soon as possible. My Supervisors or co-workers called me lazy due to my restrictions. Please continue to monitor this website for updates. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. 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. Our suggested claim form is easy to complete. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. As a reminder, the EEOC website through the third-party administrator is not associated with our office. Please continue to check this website for updates. This is a big victory for all claimants, and a giant step toward conclusion of this process. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future. In the case of Sandra McConnell, et al. The call was very lengthy, lasting almost three hours. We will provide you with written instructions on what to include to support your claim. Please check this website for an update after the Status Conference on March 4, 2022. $24.99. Thank you. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. There is no need for you to take any action at this time regarding 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. 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. 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. 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. 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 Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. 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. 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. NRP Class Action Victory - Class Member Claims DUE NOW NRP Class Action Lawsuit Updates (February - May 2022) Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. At the very latest, you must complete, sign and return the form to us by March 25, 2019. 520-2010-00280X; Agency No. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this 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.. My Supervisor complained about my limitations. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. We have recently received a final decision from the EEOC regarding our appeal. 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. 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? My Supervisors or co-workers called me lazy due to my restrictions. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. To schedule an employment law attorney consultation, please call or complete the intake form below. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. Can I be reinstated to my USPS job now while this relief process is ongoing? These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. You can always reject any offer that is made to you by the Postal Service in the future. 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. For most claimants, filling out the form will take less than one hour. Please continue to monitor the website for updates. 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. 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. My Manager told me that I might be sent to work for Walmart or another company. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. Show the Postal Service that discrimination has consequences please submit a timely claim! If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. At Thomas & Solomon LLP, we forcefully protect those rights. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. Activity 1. View the law firm's profile for reviews, office locations, and contact information. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. The judge stressed that the EEOC is actively weighing different ways to move the process forward. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. Please continue to check this website for updates. Thank you for your support, assistance, and patience throughout this claims process. 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. 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. Rochester NY, 14607 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. We are responding to each call and email in the order received. 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. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take.
