Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. We will promptly pursue this issue through the appropriate process. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. Our team is standing by! 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. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. 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 . We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. Please continue to monitor this website for updates. We will be in touch in the coming weeks if we need anything additional from you. 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. Please note: we are using email to send these forms to our clients to the greatest extent possible. You should receive a form in the mail by March 18, 2019. Yes, we will include any documents you have provided to our office. If you have any questions about the forms when you receive them, please contact us 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? Our offices will be in touch with you when you need to take additional steps. Do you need to file an individual appeal from the FAD? 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. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. 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. Yes, the Postal Service should have provided us the NRP file for each person. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 8. 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 are cautiously optimistic that 2023 will be a year of significant forward movement on your claims.
Please continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. The call was very lengthy, lasting almost three hours. 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. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. 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. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). We will promptly provide an update on this website as soon as that information is available. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. This is a big victory for all claimants, and a giant step toward conclusion of this process. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. So I understood that I had no option but to retire; or The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. 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. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Many of you have asked about the next steps in the EEOC process. However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. Here is a copy of the Order. 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 offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. 2. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. We have not spoken with USPS attorneys about settlement of any claims. There is no need for you to take any action at this time regarding the possibility of settlement. There is no action needed at this time on your individual claim. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. 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. 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. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Again, there is no need for you to take any action at this time regarding the possibility of settlement. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. 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 more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. 7. 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. Please continue to check this website for updates. 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. Click here for a copy of the notice of appeal filed on July 12, 2018. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. 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. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. There will be a Spanish translation of the recording also available at the same number. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. Click here to see the latest news on the case. While GODADDY.COM LLC was its first registrar, . Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. No, there has been no settlement of this case. 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. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. Our goal is to get this matter resolved in a fair way as quickly as possible. Rochester NY, 14607
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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. 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. Please continue to monitor the website for updates. For example, we reported that there had been some confusing information provided by the EEOCs administrator. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. For most claimants, filling out the form will take less than one hour. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. Thank you as always for your cooperation and support during the claim review process. One important issue was decided during the status conference. We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. No. If you have any additional documents, please make sure to include them with the completed Declaration. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. 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. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. 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. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. 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. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. We continue to work with the judge to move this case forward toward a final resolution. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. There is no need at this time to send a copy of the Pittman claim form to our offices. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. We have recently received a final decision from the EEOC regarding our appeal. Therefore, these activity files should already be in the possession of Phase I Class Counsel. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. As your attorneys, we agree with the Judges negative view of the opt-out process. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Please know that we are fighting for you, just as we have done for over 10 years. 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. 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. 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. 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.. At the very latest, you must complete, sign and return the form to us by March 25, 2019. 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Free shipping for many products! While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. A contingency fee is only paid if we obtain a recovery for you. Summary: The requirements of correctly constituting a limited company. Whether you get any money and how much is determined by the EEOCs decision on your claim. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). Please continue to monitor this website for status updates. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. The conference lasted a little over two hours. 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. All those who were harmed by the NRP discrimination should submit a timely written claim. In the case of Sandra McConnell, et al. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 0720080054. As always, we greatly appreciate your support and patience throughout this process. 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. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. We will represent you before an EEOC administrative judge. 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. 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. A significant amount of legal work remains to be accomplished as we press forward on every front. Please continue to monitor our website for more updates in the coming weeks. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). However, the employee must file the claim for damages by April 12, 2018. . As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. We greatly appreciate your patience during this process. We do not yet know what will be on the EEOC website, or when this will all happen. Posted in Federal Worker Compensation, General, Postal Workers. The EEOC Administrative Judge held a status conference on November 19, 2019. You can access the Declaration (with instructions) by clicking here. 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.
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