Legal Case Summary. 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. We will provide an update as soon as further news is available. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. Unfortunately, the Postal Service continues to dispute every single claim. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. Yes. We are continuing the process of organizing this information as fast as possible. 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. Again, there is no need for you to take any action at this time regarding the possibility of settlement. 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. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) 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. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. The next status conference is set for January 24, 2020. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Thomas & Solomon LLP Salomon v A Salomon and Co Ltd [1897] AC 22. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. Thanks as always for your ongoing patience, and your assistance in this case. The Administrative Judge has asked our offices to provide any evidence that claims were timely. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. (585) 272-0540 (tel) 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. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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. 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. Thank you. 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. If you would like to retain our firms at this time to represent you in your individual claim, please let us know immediately, and we will send you a retainer letter that must be signed by you and returned to our office. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. 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 For better or worse, this case presents numerous potential impediments to wide-spread settlement. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. 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. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. 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. Other people used a different claim form, then filled out a written retainer agreement with our office. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. We will provide an update to the website as soon as the Judge issues a decision. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Thomas & Solomon 585-272-0540. For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. We respond promptly to inquiries. A contingency fee is only paid if we obtain a recovery for you. Let us help you to fight for your rights. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). We thank you all for your continued patience with this process. 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. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Please continue to monitor this website for status updates. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. 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. However, medical information can help support your claim for damages. 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. 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. You will also need to fill out the Declaration. The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. Continued patience is therefore required. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. 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. 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 received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. In the near future, we will address frequently asked questions regarding the form and evidence on this website. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. We are responding to each call and email in the order received. 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. Appeal pending. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. Such production took place over several months back in 2012 and 2013. Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security. The Judge asked a few clarifying questions about the submissions. The conference lasted a little over two hours. 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. Here are 10 things for every claimant to know RIGHT NOW: 1. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. A lengthy status conference was held with the Administrative Judge on May 13, 2019. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. At Thomas & Solomon LLP, we forcefully protect those rights. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. As always, we greatly appreciate your patience during this process. Without your patience and persistence, the Postal Service would have won without a fight. 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. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement. 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. However, attorneys and staff are working remotely, and we are monitoring our voicemail. We will represent you before an EEOC administrative judge. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. Can I be reinstated to my USPS job now while this relief process is ongoing? These forms are very short, and most clients will be able to complete these forms in five minutes or less. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. Go ahead and read through the instructions we provided and do the best that you can. However, before you turn down any relief, you should speak with Class Counsel to explore your options. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. 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. 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 may wish for a live hearing to determine the proper award for your claim. Please continue to check this website for updates. Our suggested claim form is easy to complete. 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. 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. 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. We strongly encourage timely cooperation if you receive the notice from the EEOC. We are very grateful for the Judges willingness to discuss the possibility of settlement. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. I was told that I would be sent to work for Walmart; or Our submission may be viewed here. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. 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. At the end of todays status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. View the brief trailer from 12 Years a Slave (2013).. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. 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. 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. 6. 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. You do not need to send us documents that you already sent us. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. 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 EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. Please continue to monitor this website for further updates. 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. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. As you will see, our proposal addresses both fairness and efficiency. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. Thanks to all who have returned Declarations to us. The comprehensive spreadsheet must be filed by July 18, 2022. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Please continue to check our website for updates in the coming weeks. 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. At the status conference, USPS called more plays from this old playbook. To learn more about the case, please visit NRPclassaction.com. 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. The Order does not accept the plan proposed by Class Counsel. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. We will post an update on this website shortly after the Status Conference. 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. 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 include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. The Order states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019, and then Claimants have 20 days to submit their legal brief and evidence. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. Over the next few weeks, we will be sending out new forms to many of our clients to complete. Denver, CO 80202. Recently many claimants have been asking about the timeline as to when claims will be evaluated. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. We continue to fight for justice for all of the claimants in this case. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Posted in Federal Worker Compensation, General, Postal Workers. 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. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . The EEOC Judge now has submissions from both sides regarding relief for all Claimants. 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. The next status conference is November 28, 2022. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. The Judge partially granted our motion. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. 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. If you retain us, your total contingency fee payment will be 30%. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. You have come too far in the process to quit now. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Your claim in this case is a personal asset. Nevertheless, those survey responses might help give you a starting point! We believe that this action by the Postal Service is improper. In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. 7. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. As the Judge noted in her decision, 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.. Welcome to the USPS Class Action Claim Website. No. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. 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).
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