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. View the law firm's profile for reviews, office locations, and contact information. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. 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. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 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. * indicates required information Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. 4B-140-0062-06. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. You should include specific names of people that harassed you, and approximate dates to the best you can. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. 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. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. 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 request from us for additional information, we urge you to respond as soon as possible. As always, we greatly appreciate your support and patience throughout this process. Our submission may be viewed here. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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 Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. You should mail this letter to: USPS - NELU As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. We continue to respond to each call and email in the order received. Postal Service, EEOC Case No. 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. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. We believe the Postal Service must be held accountable for the consequences of its discrimination. 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. 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. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. In order to access the recorded message, you will need to call a special phone number. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. As you may be aware, USPS disputed every claim submitted in this case. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. 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. 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. One important issue was decided during the status conference. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. 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. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. When the EEOC notice is issued, we will post a copy of it on this website. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. No. In the case of Sandra McConnell, et al. We hope the EEOC will act quickly to restore order to this process. 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.". The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. 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. EUC! Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. 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. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future. 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. Free shipping for many products! We continue to work with the judge to move this case forward toward a final resolution. Thank you for your continued patience! In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) Please continue to check this website for updates. We do not yet know what will be on the EEOC website, or when this will all happen. 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. The judge stressed that the EEOC is actively weighing different ways to move the process forward. Our law offices have also been impacted by the Covid-19 situation. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. Nevertheless, those survey responses might help give you a starting point! These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. 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. A copy of the Case Management Order is available by clicking here. We understand that there is some confusion as to the date when the spreadsheet submissions are due. 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. As previously reported, we have filed an extension request with the Judge. 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. If you have already done so, thank you! 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. Please call us if you have any questions about this. If you retain us, your total contingency fee payment will be 30%. This proposal is consistent with many other successful class actions. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. Please continue to monitor this website for further updates. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. 7. 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 continue to monitor this website for status updates. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. The Declaration form contains information that the EEOC Judge has requested for each claimant. Updates - NRP Class Action Lawsuit The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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 Federal courts commonly use Special Masters to assist with adjudication of complex class actions. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. However, medical information can help support your claim for damages. The Administrative Judge has not yet announced the process or timeline for reviewing claims. 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. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. We will continue to provide updates on this website as notable developments occur. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. Please continue to check our website for updates in the coming weeks. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. While GODADDY.COM LLC was its first registrar, . 3. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. 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. We will post status updates on the claims process on this website. 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. 6. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. 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. Lawsuit reveals that nearly 44,000 US Postal Service workers have been Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. 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. 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. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. 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. 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. Your claim in this case is a personal asset. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. My Manager told me that I might be sent to work for Walmart or another company. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. 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. Our proposed Case Management Order is carefully tailored to this unprecedented case. No, your 30% contingency fee is only on the value of relief that you receive. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. 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. We are continuing the process of organizing this information as fast as possible. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. 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. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. Our team is standing by! 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. 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. Thank you for your cooperation and patience through this lengthy process. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. The judge may wish for a live hearing to determine the proper award for your claim. Some 41,000 past and. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. There is no need at this time to send a copy of the Pittman claim form to our offices. Our offices will be in touch with you when you need to take additional steps. 520-2008-00053X. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. US Postal Service censured for forcing out disabled staff She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. 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. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. 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. 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)? 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. Appeal pending. We will post an update on this website shortly after the Status Conference. In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC Judge. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. 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. Postal Service, EEOC Case No. 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. Denver, CO 80202. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. Please continue to monitor our website for more updates in the coming weeks. Postal Service by employees with disabilities. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. Postal Service who have been subjected to [] A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. 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. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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. A copy of Class Counsel's motion is available by clicking here. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. A significant amount of legal work remains to be accomplished as we press forward on every front. In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy. Therefore, these activity files should already be in the possession of Phase I Class Counsel. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Name * First Last . It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. Continued patience is therefore required. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. 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. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. 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.