Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. 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. 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. We will post status updates on the claims process on this website. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. However, medical information can help support your claim for damages. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. 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.". Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Can I be reinstated to my USPS job now while this relief process is ongoing? The best way to get guidance on your specific legal issue is to contact a lawyer. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. No, there has been no settlement of this case. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. Yes. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. You can access the Declaration (with instructions) by clicking here. 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 Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. As always, we greatly appreciate your patience during this process. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. You should mail this letter to: USPS - NELU I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Postal Service who have been subjected to [] Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. 2. Please continue to monitor our website for more updates in the coming weeks. The EEOC has never been faced with a claimant class this large. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. View the law firm's profile for reviews, office locations, and contact information. . 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. 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. Introduction. You can send a letter that states "I request a copy of my Claim Form from the Pittman class action," and provide your mailing address. We do not yet have any estimate on the length of time that this process will take. My Manager told me that I had no other option but to retire; or My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. (Our firms did not seek any such extension.) Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. Thank you again for your cooperation and patience. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. Show the Postal Service that discrimination has consequences please submit a timely claim! Our law offices have also been impacted by the Covid-19 situation. As always, we greatly appreciate your support and patience throughout this process. 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. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. Postal Service, EEOC Case No. You should include specific names of people that harassed you, and approximate dates to the best you can. 9. We have filed an extension request with the Judge. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Thank you! The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. 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. Yes. You are also allowed to use your own paper. Also, please note that not every client is being sent these forms at this time. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). We appealed this improper action by the Postal Service. 4B-140-0062-06. 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. Salomon v A Salomon and Co Ltd [1897] AC 22. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. We are very grateful for the Judges willingness to discuss the possibility of settlement. Please check this website frequently for updates. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. 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. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. 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. Thanks to all who have returned Declarations to us. 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. To learn more about the case, please visit NRPclassaction.com. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. You may want to include specific examples of statements that were made to you on your Continuation sheet. The next status conference is scheduled for October 31, 2022 at 11:00 am. 520-2010-00280X; Agency No. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. As always, please continue to monitor this website for any updates. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. A contingency fee is only paid if we obtain a recovery for you. 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. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) We organized and submitted all available documentation in accordance with the Case Management Order. 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. 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. 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). Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. We continue to work with the judge to move this case forward toward a final resolution. 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. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. You can see the order by clicking here. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. We will take all steps necessary to provide the Judge with timely submissions for all our clients. This proposal is consistent with many other successful class actions. There will be a Spanish translation of the recording also available at the same number. 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. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. Unfortunately, some of our clients in this case have passed away. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. 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). Postal Service by employees with disabilities. We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. 7. 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. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Please continue to monitor the website for further updates. Please continue to monitor this website for status updates. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. You have come too far in the process to quit now. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Please continue to monitor our website for updates. 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. We understand that there is some confusion as to the date when the spreadsheet submissions are due. * ATTORNEY ADVERTISING * 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. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. Many of you have asked about the next steps in the EEOC process. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. As a reminder, the EEOC website through the third-party administrator is not associated with our office. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. The Postal Service HAS NOT sent copies of these letters to your attorneys. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. 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. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. Thank you as always for your cooperation and support during the claim review process. As previously reported, we have filed an extension request with the Judge. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. 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. 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.. 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. 693 East Avenue Yes, we will include any documents you have provided to our office. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. We greatly appreciate the Judges efforts. 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). 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. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. 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. 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. The judge may wish for a live hearing to determine the proper award for your claim. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. Nevertheless, those survey responses might help give you a starting point! 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. There is no action needed at this time on your individual claim. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. 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. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. My Manager told me that I might be sent to work for Walmart or another company. So I understood that I had no option but to retire; or Yes. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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. 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. 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. 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 notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. 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 Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. If you have questions about the NRP class action claims process, please review this FAQ section. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Summary: The requirements of correctly constituting a limited company. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. We continue to take every action we can to ensure that this process moves forward as quickly as possible. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. For better or worse, this case presents numerous potential impediments to wide-spread settlement. All those who were harmed by the NRP discrimination should submit a timely written claim. * indicates required information If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. We strongly encourage timely cooperation if you receive the notice from the EEOC. We currently have no information regarding the nature of the EEOCs website or the notice, so unfortunately cannot yet provide answers to questions you may have, but we will provide a detailed update as soon as we have additional information. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. 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. Thank you for your cooperation and patience through this lengthy process. 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. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. There is no need at this time to send a copy of the Pittman claim form to our offices. We are continuing the process of organizing this information as fast as possible. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. 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. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. 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. 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. 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. 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. Our suggested claim form is easy to complete. No. Please note that this does not directly relate to your claim in the NRP Class Action. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. Our proposal recognizes the limits on the EEOCs case-processing capacity, as well as the Postal Services unyielding opposition to fair resolution of your claims. We will provide an update as soon as further news is available. Please continue to check this website for updates. 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. 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.

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