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). 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)? The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. In any event, please rest assured that we will return all messages. Welcome to the USPS Class Action Claim Website. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. As previously reported, we have filed an extension request with the Judge. (Our firms did not seek any such extension.) A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. No, your 30% contingency fee is only on the value of relief that you receive. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. 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. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Yes, the Postal Service should have provided us the NRP file for each person. 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. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. To learn more about the case, please visit NRPclassaction.com. The Postal Service has sent forms to be completed by some 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. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. * You can see the order by clicking here. To the extent 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. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. No. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. It is also ok to provide a persons position title if you dont remember a persons name. We believe the Postal Service must be held accountable for the consequences of its discrimination. 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. 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. 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.. 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. We will post an update on this website shortly after the Status Conference. Over the next few weeks, we will be sending out new forms to many of our clients to complete. However, before you turn down any relief, you should speak with Class Counsel to explore your options. Appeal pending. 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. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. We are continuing the process of organizing this information as fast as possible. Our suggested claim form is easy to complete. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. Please continue to monitor the website for further updates. 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. However, settlement is not possible in every case. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. To see the Motion that was filed, CLICK HERE. 2. 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. In order to access the recorded message, you will need to call a special phone number. 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 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. We have notched many milestone successes in this case since 2006. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. You may want to include specific examples of statements that were made to you on your Continuation sheet. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. The Judge partially granted our motion. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. While GODADDY.COM LLC was its first registrar, . 8. 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.". If you retain us, your total contingency fee payment will be 30%. 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. 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. My Manager told me that I had no other option but to retire; or This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 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. We believe that this action by the Postal Service is improper. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. The next status conference is scheduled for October 31, 2022 at 11:00 am. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. If you receive nothing as a result of your claim, you would owe us nothing. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. Please check this website for an update after the Status Conference on March 4, 2022. 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. 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. 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. At the status conference, USPS called more plays from this old playbook. Accordingly, it is a good idea to proceed cautiously. There is no need for you to take any action at this time regarding the possibility of settlement. 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. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. 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. We understand that there is some confusion as to the date when the spreadsheet submissions are due. As a reminder, the EEOC has not issued any decisions on any of the claims. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. 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. There is not a magic number for how much information should be submitted. At this time, the Administrative Judge has not yet made her selection of Special Masters. My Manager told me that I might be sent to work for Walmart or another company. 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. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! 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. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. The judge may wish for a live hearing to determine the proper award for your claim. We will promptly provide an update on this website as soon as that information is available. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened: Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Thank you again for your cooperation and patience. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. When the EEOC notice is issued, we will post a copy of it on this website. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. 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. Please continue to monitor this website for status updates. Thanks as always for your ongoing patience, and your assistance in this case. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. 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. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. 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. Free shipping. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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 . Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Nevertheless, those survey responses might help give you a starting point! 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. 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. The Postal Service HAS NOT sent copies of these letters to your attorneys. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. 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. Put another way, for all claimants who hired our law firms, we will not cease our fight on your behalf until the Postal Service provides a fair and reasonable resolution, or there is a final EEOC decision on your claim, whichever occurs first. 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. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. U.S. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. You will also need to fill out the Declaration. Please continue to monitor our website for updates. 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. Continued patience is therefore required. 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. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. Solomon Northup and Twelve Years a Slave: Analyzing . However, attorneys and staff are working remotely, and we are monitoring our voicemail. Please continue to monitor the website for updates. As a reminder, the EEOC website through the third-party administrator is not associated with our office. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. 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. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. Here is a copy of the Order. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. Yes, we will include any documents you have provided to our office. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. If you have already done so, thank 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. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Many of you have asked about the next steps in the EEOC process. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. So I understood that I had no option but to retire; or 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. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. In the case of Sandra McConnell, et al. 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 Can I be reinstated to my USPS job now while this relief process is ongoing? We are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. We cannot predict how long this process will take. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. All those who were harmed by the NRP discrimination should submit a timely written claim. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and If you have not yet received a call back, you may try to call us again, and you may be able to get through. 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). 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. We strongly recommend that you do not opt out of this process. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. 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. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Thomas & Solomon LLP We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. First, please know that we will continue fighting to get you the best possible award. The conference lasted a little over two hours. You should receive a form in the mail by March 18, 2019. Click here for a copy of the notice of appeal filed on July 12, 2018. We respond promptly to inquiries. Yes. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. You should mail this letter to: USPS - NELU 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. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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). First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. Please do not give up on your claims for relief! With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. This proposal is consistent with many other successful class actions. To schedule an employment law attorney consultation, please call or complete the intake form below. 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 strongly encourage timely cooperation if you receive the notice from the EEOC. As your attorneys, we agree with the Judges negative view of the opt-out process. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Summary: The requirements of correctly constituting a limited company. 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. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands.
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