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. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. Legal Case Summary. Here are 10 things for every claimant to know RIGHT NOW: 1. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. You will also need to fill out the Declaration. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. 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. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. Please continue to monitor this website for updates on the case. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. 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. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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. 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 . Our suggested claim form is easy to complete. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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. Thomas & Solomon - Employment Attorneys Rochester NY Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 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. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. 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. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional 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. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. 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. 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. We will provide an update as soon as further news is available. 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. See below for more information. 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. The next status conference is November 28, 2022. All those who were harmed by the NRP discrimination should submit a timely written claim. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Yes, the Postal Service should have provided us the NRP file for each person. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. We continue to fight for justice for all of the claimants in this case. 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. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. My Supervisors or co-workers called me lazy due to my restrictions. 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. 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. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. As a reminder, the EEOC website through the third-party administrator is not associated with our office. The EEOC has never been faced with a claimant class this large. Thank you for your continued patience! Salomon v A Salomon and Co Ltd [1897] AC 22. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. 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. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. We deeply appreciate your extraordinary patience as this lengthy process moves forward. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. 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. Yes. 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. 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. While GODADDY.COM LLC was its first registrar, . Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. 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. And as always, please continue to monitor this website for any important updates. This is a big victory for all claimants, and a giant step toward conclusion of this process. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Recently many claimants have been asking about the timeline as to when claims will be evaluated. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. * indicates required information 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. 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. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) 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. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. Some 41,000 past and. You should complete, sign and return the Declaration form to our offices as soon as possible. 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. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. 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. Please know that we are fighting for you, just as we have done for over 10 years. Thomas & Solomon 585-272-0540. 600 17th Street, Suite 1705-S Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date. Please call us if you have any questions about this. At the status conference, USPS called more plays from this old playbook. Please continue to monitor the website for further updates. 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. 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. NRP Class Action Lawsuit Update - December, 2020 USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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. 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. Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). Please Note: Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate date. Please continue to monitor this website for status updates. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. Introduction. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. 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. 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. Click here to see the latest news on the case. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. We also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. Postal Service, EEOC Case No. In order to access the recorded message, you will need to call a special phone number. My Manager told me that I might be sent to work for Walmart or another company. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. 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. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 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. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. Salomon v Salomon - Case Summary - LawTeacher.net If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. US Postal Services Settles Discrimination Class Action for $17.3M My Supervisor complained about my limitations. Welcome to the USPS Class Action Claim Website. One important issue was decided during the status conference. If you have any additional documents, please make sure to include them with the completed Declaration. For more information about the Pittman class action, please go to http://www.pittmanclass.com. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. The Postal Service has sent forms to be completed by some claimants. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. Please continue to monitor this website for any updates. 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. There is no need for you to take any action at this time regarding the possibility of settlement. Our offices will be in touch with you when you need to take additional steps. Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach In the case of Sandra McConnell, et al. Please continue to check the website for updates. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. However, medical information can help support your claim for damages. March 4, 2022 - Status Update - Status Conference - NRP Class Action In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. We will promptly provide an update on this website as soon as that information is available. We greatly appreciate the Judges efforts. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Let us help you to fight for your rights. 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)? On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. 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. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. We are very grateful for the Judges willingness to discuss the possibility of settlement. 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 Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. The conference lasted a little over two hours. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Do you need to file an individual appeal from the FAD? 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. 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. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. We will provide an update after the status conference. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign.