Please continue to monitor our website for updates. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. If you have not yet received a call back, you may try to call us again, and you may be able to get through. * indicates required information 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. 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). Separate Legal Personality (SLP) is the basic tenet on which company law is premised. 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 understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. If you receive a request from us for additional information, we urge you to respond as soon as possible. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. Do you need to file an individual appeal from the FAD? 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. Please Contact Us if you have any questions, comments or if you need information. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. The Judge partially granted our motion. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. 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. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Many class members who submitted claims for individual relief have received response letters from the Postal Service. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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. Many of you have asked about the next steps in the EEOC process. 520-2008-00053X. Please continue to monitor the website for updates. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. 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. 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. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). My Manager told me that I might be sent to work for Walmart or another 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 judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. 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. 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. 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. There will be a Spanish translation of the recording also available at the same number. 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. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. We hope the EEOC will act quickly to restore order to this process. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. You do not need to send us documents that you already sent us. We greatly appreciate your patience during this process. 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. Other people used a different claim form, then filled out a written retainer agreement with our office. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. 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. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. 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. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) We strongly encourage timely cooperation if you receive the notice from the EEOC. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. A lengthy status conference was held with the Administrative Judge on May 13, 2019. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. However, the employee must file the claim for damages by April 12, 2018. . 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. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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). On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. No. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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 We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. We wish all of you a joyous holiday season. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. 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. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. Go ahead and read through the instructions we provided and do the best that you can. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). Merely submitting the claim form does not endanger your disability or social security claims. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. No new date has been scheduled, but please continue to check the website for updates. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 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. 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. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. The Postal Service has sent forms to be completed by some claimants. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. 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. We have not spoken with USPS attorneys about settlement of any claims. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. 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. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. We respond promptly to inquiries. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. Please check this website frequently 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. 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. We hope you and your loved ones are safe during these difficult times. 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.. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. Please check this website for an update after the Status Conference on March 4, 2022. 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! Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. 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 Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. 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. 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. The claims process is still moving forward. One important issue was decided during the status conference. For our clients, please provide your updated contact information to us. We understand that there is some confusion as to the date when the spreadsheet submissions are due. There may be better options that would work in your benefit. 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. 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. And please call or email us if you have questions. We will be in touch in the coming weeks if we need anything additional from you. The next status conference is set for January 24, 2020. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. 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 fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. Just do the best that you can with any information that you know. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. An update will be provided following the May 12, 2022 status conference. The . We will provide an update after the status conference. Such production took place over several months back in 2012 and 2013. 6. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. See below for more information. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. NRP Class Action is being handled by Thomas & Solomon LLP. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. 9. 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.
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