We strongly encourage timely cooperation if you receive the notice from the EEOC. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! No, there has been no settlement of this case. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. Our offices will be in touch with you when you need to take additional steps. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. 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). To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Appeal pending. 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. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. Rochester NY, 14607 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). The next status conference is November 28, 2022. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. A contingency fee is only paid if we obtain a recovery for you. Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. 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 other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. 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. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. Do you need to file an individual appeal from the FAD? Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. My Manager told me that I had no other option but to retire; or If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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. As your attorneys, we agree with the Judges negative view of the opt-out process. We can send you out a retainer letter that must be signed and returned to our office. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. She also indicated that the EEOC intends to send a notice out of such website. Please continue to monitor this website for further updates. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. 8. 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 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. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. Some 41,000 past and. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) Please check this website for updates. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. First, please know that we will continue fighting to get you the best possible award. Please note: we are using email to send these forms to our clients to the greatest extent possible. For our clients, please provide your updated contact information to us. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. However, medical information can help support your claim for damages. While GODADDY.COM LLC was its first registrar, . 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. Our law offices have also been impacted by the Covid-19 situation. Welcome to the USPS Class Action Claim Website. Please know that we are fighting for you, just as we have done for over 10 years. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. 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. To the extent 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. 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. 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. 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. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. Introduction. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. 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. For most people, it will take less than one hour to complete the Declaration. 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. Continued patience is therefore required. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. One important issue was decided during the status conference. As previously reported, we have filed an extension request with the Judge. You can see the order by clicking here. 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. We will provide an update to the website as soon as the Judge issues a decision. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Please call us if you have any questions about this. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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. During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. You will also need to fill out the Declaration. 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. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now Thank you. 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. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action We will take all steps necessary to provide the Judge with timely submissions for all our clients. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). We believe the Postal Service must be held accountable for the consequences of its discrimination. We will provide an update after the status conference. Please note that this does not directly relate to your claim in the NRP Class Action. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. We will post status updates on the claims process on this website. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. NRP Class Action is being handled by Thomas & Solomon LLP. 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, 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. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. 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. 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. We greatly appreciate your patience during this process. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. 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. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. 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. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. Summary: The requirements of correctly constituting a limited company. Again, do the best you can with the information you know. 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. This proposal is consistent with many other successful class actions. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. * ATTORNEY ADVERTISING * The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. In order to access the recorded message, you will need to call a special phone number. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. The call was fairly brief. 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. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Salomon v A Salomon and Co Ltd [1897] AC 22. Please continue to monitor this website for updates on the case. In that case a final decision has been rendered in favor of the injured workers. In the past few days, we have received a very large number of calls and emails related to this case. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Go ahead and read through the instructions we provided and do the best that you can. We will post an update to this webpage as soon as a ruling is issued on this Motion. The Order 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 then Claimants have 20 days to submit their legal brief and evidence. The Judge has indicated a desire to resolve this issue promptly, if possible. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. The Administrative Judge has not yet announced the process or timeline for reviewing claims. 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. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. 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. All those who were harmed by the NRP discrimination should submit a timely written claim. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. Without your patience and persistence, the Postal Service would have won without a fight. The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. That work includes representing you in your individual claim through the entire EEOC claims process. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. We hope the EEOC will act quickly to restore order to this process. 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 emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. Thomas & Solomon LLP The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. You should include specific names of people that harassed you, and approximate dates to the best you can. Today we had another video conference call with the Administrative Judge. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. 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. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. 4. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. 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. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. It is also ok to provide a persons position title if you dont remember a persons name. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. No new date has been scheduled, but please continue to check the website for updates. We will be in touch in the coming weeks if we need anything additional from you. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Our goal, like yours, is to continue fighting for a fair and reasonable outcome. Unfortunately, some of our clients in this case have passed away. EUC! These forms are very short, and most clients will be able to complete these forms in five minutes or less. 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. 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)? We organized and submitted all available documentation in accordance with the Case Management Order. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. However, the employee must file the claim for damages by April 12, 2018. . We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. It depends. If you have any additional documents, please make sure to include them with the completed Declaration. We will provide an update as soon as a decision is issued regarding our motion for sanctions. Denver, CO 80202. We continue to fight for justice for all of the claimants in this case. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. My Supervisor complained about my limitations. 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. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. For better or worse, this case presents numerous potential impediments to wide-spread settlement. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. 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 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574.
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