7. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. This proposal is consistent with many other successful class actions. We continue to respond to each call and email in the order received. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. 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. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). EEOC class action ruling re USPS Injured on the Job Employees We understand that there is some confusion as to the date when the spreadsheet submissions are due. 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 best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. You may want to include specific examples of statements that were made to you on your Continuation sheet. 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. Introduction. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and 5. We have recently received a final decision from the EEOC regarding our appeal. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Also, please note that not every client is being sent these forms at this time. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. Other people used a different claim form, then filled out a written retainer agreement with our office. Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. As explained by the Judge in the recent order: [T]he U.S. We wish all of you a joyous holiday season. 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). 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. We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. First, please know that we will continue fighting to get you the best possible award. 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. We continue to take every action possible to help the Judge move this process forward. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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. Many class members who submitted claims for individual relief have received response letters from the Postal Service. 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. 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. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. Activity 1. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. 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! Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens However, attorneys and staff are working remotely, and we are monitoring our voicemail. 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 are very grateful for the Judges willingness to discuss the possibility of settlement. If you did either of those two things, then there is no need to fill out another retainer agreement. 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. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. 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. 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 Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. 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. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Home | NRP Class Action We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. 6. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. 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. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. If applicable to you, here are some possible short statements that can help explain what happened: As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. USPS NRP Class Action Lawsuit Settlement - Juris Laws The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. For example, we reported that there had been some confusing information provided by the EEOCs administrator. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. At the status conference, USPS called more plays from this old playbook. Our law offices have also been impacted by the Covid-19 situation. We will take all steps necessary to provide the Judge with timely submissions for all our clients. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. These forms are very short, and most clients will be able to complete these forms in five minutes or less. However, before you turn down any relief, you should speak with Class Counsel to explore your options. We do not yet have any estimate on the length of time that this process will take. No. Thank you as always for your cooperation and support during the claim review process. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. With the recent dismissals of the USPS final action and appeals of the Administrative Judges orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. 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. 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. 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. In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy. 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. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. 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. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Current status of the NRP class action case - Postal Times Click here to see the latest news on the case. At the very latest, you must complete, sign and return the form to us by March 25, 2019. Please continue to monitor this website for updates. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. The NRP has been rolled out in most USPS districts across the nation. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. There is not a magic number for how much information should be submitted. If you retain us, your total contingency fee payment will be 30%. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. Yes. Our proposed Case Management Order is carefully tailored to this unprecedented case. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. 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. You should receive a form in the mail by March 18, 2019. 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. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Such production took place over several months back in 2012 and 2013. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. In the case of Sandra McConnell, et al. 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 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. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. An update will be provided following the May 12, 2022 status conference. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. U. S. Postal Service National Reassessment Process ("NRP") is found to The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. 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. 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. While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. We deeply appreciate your extraordinary patience as this lengthy process moves forward. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. 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. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. 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 check this website for an update after the Status Conference on March 4, 2022. Accordingly, it is a good idea to proceed cautiously. The EEOC agreed with our position. Again, do the best you can with the information you know. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. 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 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. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. We have filed an extension request with the Judge. Without your patience and persistence, the Postal Service would have won without a fight. 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. No, there has been no settlement of 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. 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. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. 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. Show the Postal Service that discrimination has consequences please submit a timely claim! 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.. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. It depends. 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. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. 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. We hope the EEOC will act quickly to restore order to this process. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Name * First Last . 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. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. 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. In this case, the EEOC will appoint five Special Masters who will each have broad discretion to recommend damages and relief for the claims presented to them. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please continue to monitor our website for more updates in the coming weeks. We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. 2. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. We organized and submitted all available documentation in accordance with the Case Management Order. You can see the order by clicking here. If you have not yet received a call back, you may try to call us again, and you may be able to get through. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. No, your 30% contingency fee is only on the value of relief that you receive. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. Please continue to monitor this website for further updates. My Manager told me that I might be sent to work for Walmart or another company. We are continuing the process of organizing this information as fast as possible. 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.