The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. We will provide an update to the website as soon as the Judge issues a decision. The next status conference is November 28, 2022. 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. Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. 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. You can see the order by clicking here. View the brief trailer from 12 Years a Slave (2013).. If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. 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. 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 EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. We will take all steps necessary to provide the Judge with timely submissions for all our clients. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. 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. We will promptly provide an update on this website as soon as that information is available. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Appeal pending. 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 promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. 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. 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. Please continue to check our website for updates in the coming weeks. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. (A copy of the Declaration form is available by clicking this link). 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)? We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. Thank you! The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. Click here for a copy of the notice of appeal filed on July 12, 2018. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. 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. Over the next few weeks, we will be sending out new forms to many of our clients to complete. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. Free shipping. If you have any additional documents, please make sure to include them with the completed Declaration. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. The Judge partially granted our motion. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. 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. Until we know if our motion has been granted, you should proceed as though the Declaration should be returned to our office by March 25, 2019. 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. Thank you as always for your cooperation and support during the claim review process. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. However, the employee must file the claim for damages by April 12, 2018. . Please check this website for an update after the Status Conference on March 4, 2022. We believe that the Administrative Judge's news from today means that we should see some real progress in 2023 toward a final result for your claim in this case. The next status conference with the EEOC Judge is scheduled for August 2019. 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. At the very latest, you must complete, sign and return the form to us by March 25, 2019. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. 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. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or 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. There is no need for you to take any action at this time regarding the possibility of settlement. However, medical information can help support your claim for damages. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. We continue to take every action possible to help the Judge move this process forward. 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. 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. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The Postal Service is disrupting the process by issuing premature FADs. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. My Manager told me that I might be sent to work for Walmart or another company. 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. . The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. If you have questions about the NRP class action claims process, please review this FAQ section. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on claims. Whether you get any money and how much is determined by the EEOCs decision on your claim. In the past few days, we have received a very large number of calls and emails related to this case. Our team is standing by! The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. 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. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. 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). We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. Please check this website for updates. My Supervisor complained about my limitations. We respond promptly to inquiries. Also, please note that not every client is being sent these forms at this time. 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. 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. 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. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. We can send you out a retainer letter that must be signed and returned to our office. No. Attorney website: www.nrpclassaction.com Attorney phone #s: 585 272 0540 or toll free 877 272 4066 The 30 day window to file a written claim (measured from the date a class member receives notice from the Postal Service) provides a short time period. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. 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. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. 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. 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. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. 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. 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. She also indicated that the EEOC intends to send a notice out of such website. We recommend that you retain the claim form documents for your records. 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. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. View the law firm's profile for reviews, office locations, and contact information. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. The judge stressed that the EEOC is actively weighing different ways to move the process forward. We will post status updates on the claims process on this website. For most claimants, filling out the form will take less than one hour. Please continue to monitor the website for further updates. 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). She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. All those who were harmed by the NRP discrimination should submit a timely written claim. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 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. Please continue to monitor this website for updates on the case. We will provide updated information regarding the process on this website. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. One important issue was decided during the status conference. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. 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 Judge expressed a hope that she could begin to review individual claims in late July or August. Solomon Northup and Twelve Years a Slave: Analyzing . 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. We thank you all for your continued patience with this process. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. Unfortunately, the Postal Service continues to dispute every single claim. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Denver, CO 80202. * (585) 272-0540 (tel) You have come too far in the process to quit now. The next status conference is set for January 24, 2020. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. As previously reported, we have filed an extension request with the Judge. Rochester NY, 14607 USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member's claim for relief. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. The comprehensive spreadsheet must be filed by July 18, 2022. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. 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. No new date has been scheduled, but please continue to check the website for updates. 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.
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