At the very latest, you must complete, sign and return the form to us by March 25, 2019. Thomas & Solomon 585-272-0540. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. A copy of the Case Management Order is available by clicking here. Our offices also agreed to provide some additional information that should assist the process which was obtained from the Postal Service during the course of the litigation and should provide the EEOC Judge with much of the requested information. If you have already done so, thank you! We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. The Judge expressed a hope that she could begin to review individual claims in late July or August. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). Please continue to monitor our website for updates. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Postal Service who have been subjected to [] 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. When the EEOC notice is issued, we will post a copy of it on this website. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. My Supervisors or co-workers called me lazy due to my restrictions. Yes. A significant amount of legal work remains to be accomplished as we press forward on every front. As a reminder, the EEOC website through the third-party administrator is not associated with our office. 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.. 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. Please continue to monitor our website for more updates in the coming weeks. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. 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. Accordingly, it is a good idea to proceed cautiously. In the past few weeks, we received a very large number of calls and emails related to this case. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. The EEOC agreed with our position. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. We are continuing the process of organizing this information as fast as possible. Thank you for your continued patience! We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. 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)? 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 Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. The call was very lengthy, lasting almost three hours. 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. There is not a magic number for how much information should be submitted. 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. We appealed this improper action by the Postal Service. My Manager told me that I might be sent to work for Walmart or another company. 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. 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. We have not spoken with USPS attorneys about settlement of any claims. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. 6. Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. No. We thank you all for your continued patience with this process. As you will see, our proposal addresses both fairness and efficiency. We have recently received a final decision from the EEOC regarding our appeal. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. 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. 2. Thank you. For our clients, please provide your updated contact information to us. 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. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. It depends. Please continue to check the website for updates. Yes. She also indicated that the EEOC intends to send a notice out of such website. NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. 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. 5. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! We continue to fight for justice for all of the claimants in this 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. Detailed instructions on completing the Declaration form are available by clicking here. If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. The Order does not accept the plan proposed by Class Counsel. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. I was told that I would be sent to work for Walmart; or 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 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 Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. 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. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. 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! We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. View the law firm's profile for reviews, office locations, and contact information. 7. Such production took place over several months back in 2012 and 2013. Ms. As always, we greatly appreciate your patience during this process. 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. Here is a copy of the Order. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge. My Supervisor complained about my limitations. 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. The comprehensive spreadsheet must be filed by July 18, 2022. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. However, before you turn down any relief, you should speak with Class Counsel to explore your options. Postal Service, EEOC Case 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. Please continue to check this website for updates. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Activity 1. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. There is no need for you to take any action at this time regarding the possibility of settlement. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. Denver, CO 80202. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. We organized and submitted all available documentation in accordance with the Case Management Order. We will post status updates on the claims process on this website. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. We hope you and your loved ones are safe during these difficult times. * ATTORNEY ADVERTISING * Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. 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. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). First, please know that we will continue fighting to get you the best possible award. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. Thank you for your prompt attention to this important task! We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. Our offices will be in touch with you when you need to take additional steps. For better or worse, this case presents numerous potential impediments to wide-spread settlement. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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. 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). Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks. The best way to get guidance on your specific legal issue is to contact a lawyer. 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. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. If applicable to you, here are some possible short statements that can help explain what happened: It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. We greatly appreciate the Judges efforts. 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. (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. Please continue to monitor this website for updates. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. Thank you. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Recently many claimants have been asking about the timeline as to when claims will be evaluated. 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. We will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. The Judge went on to explain that although claimants themselves can seek a FAD and thus leave this case, the Judge also said it is: unclear why any claimant would opt out of the class and seek a FAD. 4. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). Prior to the conference, the EEOC began analyzing the data at an overview level, and was prepared with a series of questions for both sides about the submitted data. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. For most people, it will take less than one hour to complete the Declaration. The Postal Service is disrupting the process by issuing premature FADs. 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. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. 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. U.S. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. Summary: The requirements of correctly constituting a limited company. We do not yet have any estimate on the length of time that this process will take. 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). Yes, we will include any documents you have provided to our office. Today we had another video conference call with the Administrative Judge. 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. 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. Additional Continuation Sheets and Witness Statement forms are available by clicking here. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. The value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP. 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. To learn more about the case, please visit NRPclassaction.com. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or Please do not give up on your claims for relief! 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. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. 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. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. There is still time to retain us. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. 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. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Posted in Federal Worker Compensation, General, Postal Workers. 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. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. You are also allowed to use your own paper. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC Judge. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. Please continue to monitor this website for further updates. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Merely submitting the claim form does not endanger your disability or social security claims. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. However, medical information can help support your claim for damages. In any event, please rest assured that we will return all messages. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. Solomon Northup and Twelve Years a Slave: Analyzing . The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. The next status conference with the EEOC Judge is scheduled for August 2019. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. 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. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.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. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! As you know, the EEOC has already entered a strong finding of discrimination against the Class as a whole, and we want to ensure that the claims process provides every Class Member a fair and reasonable opportunity to obtain all relief to which they are entitled under law, as efficiently as possible. For an evaluation of your circumstances and legal options, reach us online here. Our goal is to get this matter resolved in a fair way as quickly as possible. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 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. Again, there is no need for you to take any action at this time regarding the possibility of settlement. 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. 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. 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. 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.