For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. My Manager told me that I might be sent to work for Walmart or another company. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. 7. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate 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. 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. Thanks to all who have returned Declarations to us. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. USPS Class Action Claims | Home On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. In the case of Sandra McConnell, et al. 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. However, attorneys and staff are working remotely, and we are monitoring our voicemail. Salomon v A Salomon & Co Ltd - Wikipedia You will also need to fill out the Declaration. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. 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. There is no action needed at this time on your individual claim. My Manager told me that I had no other option but to retire; or She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. The next status conference is set for January 24, 2020. No. No, your 30% contingency fee is only on the value of relief that you receive. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and We continue to respond to each call and email in the order received. 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. 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. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Please note that this does not directly relate to your claim in the NRP Class Action. We have filed an extension request with the Judge. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. We do not yet have any estimate on the length of time that this process will take. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Thank you! Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. Thank you for your support, assistance, and patience throughout this claims process. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. The Order does not accept the plan proposed by Class Counsel. The call was fairly brief. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. If you have not yet completed and returned the Declaration form to us, please do so as soon 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. About Thomas & Solomon LLP | Thomas & Solomon Lawyers We appealed this improper action by the Postal Service. Activity 1. 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 a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. My Supervisors or co-workers called me lazy due to my restrictions. Such production took place over several months back in 2012 and 2013. 693 East Avenue We believe the Postal Service must be held accountable for the consequences of its discrimination. Prior to the conference, the EEOC began analyzing the data at an overview level, and was prepared with a series of questions for both sides about the submitted data. 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. Unfortunately, the Postal Service continues to dispute every single claim. The EEOC Administrative Judge held a status conference on November 19, 2019. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. It is also ok to provide a persons position title if you dont remember a persons name. 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. Our attorneys continue to work on this case, and we are in regular contact with the Judge. We greatly appreciate your patience during this process. 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. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! 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. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. We thank you all for your continued patience with this process. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. 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. During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. We continue to work with the judge to move this case forward toward a final resolution. The Judge expressed a hope that she could begin to review individual claims in late July or August. We will post status updates on the claims process on this website. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. As your attorneys, we agree with the Judges negative view of the opt-out process. We will promptly pursue this issue through the appropriate process. You should include specific names of people that harassed you, and approximate dates to the best you can. US Postal Service censured for forcing out disabled staff We will provide you with written instructions on what to include to support your claim. We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. We will post an update to this webpage as soon as a ruling is issued on this Motion. 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)? 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. For an evaluation of your circumstances and legal options, reach us online here. Current status of the NRP class action case - Postal Times Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate date. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Appeal pending. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. At this time, the Administrative Judge has not yet made her selection of Special Masters. If you receive a request from us for additional information, we urge you to respond as soon as possible. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional As previously reported, we have filed an extension request with the Judge. 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. 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 This proposal is consistent with many other successful class actions. At the status conference, USPS called more plays from this old playbook. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. 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. 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. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. With the recent dismissals of the USPS final action and appeals of the Administrative Judges orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future. Today we had another video conference call with the Administrative Judge. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. 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. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. We cannot predict how long this process will take. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. The main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. We are very grateful for the Judges willingness to discuss the possibility of settlement. As you may be aware, USPS disputed every claim submitted in this case. Go ahead and read through the instructions we provided and do the best that you can. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). A copy of Class Counsel's motion is available by clicking here. Just do the best that you can with any information that you know. If you retain us, your total contingency fee payment will be 30%. We will post an update on this website shortly after the Status Conference. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 9. Rochester NY, 14607 As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. Please continue to monitor this website for updates. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. 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 understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. A copy of the Case Management Order is available by clicking here. 10. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. 4. 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. 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. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. There is no need for you to take any action at this time regarding the possibility of settlement. Please know that we are fighting for you, just as we have done for over 10 years. 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. 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. As always, we greatly appreciate your patience during this process. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. For our clients, please provide your updated contact information to us. We continue to take every action possible to help the Judge move this process forward. We strongly recommend that you do not opt out of this process. PDF UNITED STATES OF AMERICA - NRP Class Action There may be better options that would work in your benefit. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. Please note: we are using email to send these forms to our clients to the greatest extent possible. 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. We have notched many milestone successes in this case since 2006. 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. 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. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. 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. 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. However, settlement is not possible in every case.
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