Yes, the Postal Service should have provided us the NRP file for each person. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Our proposed Case Management Order is carefully tailored to this unprecedented case. There is no need at this time to send a copy of the Pittman claim form to our offices. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. We have recently received a final decision from the EEOC regarding our appeal. Our team is standing by! We are continuing the process of organizing this information as fast as possible. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. We understand that there is some confusion as to the date when the spreadsheet submissions are due. Please continue to monitor this website for further updates. 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. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. 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. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. You should receive a form in the mail by March 18, 2019. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. In the near future, we will address frequently asked questions regarding the form and evidence on this website. The Administrative Judge has asked our offices to provide any evidence that claims were timely. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. The Declaration form contains information that the EEOC Judge has requested for each claimant. 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 informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. We cannot predict how long this process will take. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. 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. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. As a reminder, the EEOC has not issued any decisions on any of the claims. 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! That work includes representing you in your individual claim through the entire EEOC claims process. * ATTORNEY ADVERTISING * 7. We are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019. Please continue to monitor the website for updates. She also indicated that the EEOC intends to send a notice out of such website. Please check this website for updates. The call was fairly brief. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. 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 Many of you have asked about the next steps in the EEOC process. No new date has been scheduled, but please continue to check the website for updates. If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. Ms. The EEOC agreed with our position. We have filed an extension request with the Judge. This proposal is consistent with many other successful class actions. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. For most people, it will take less than one hour to complete the Declaration. Introduction. Unfortunately, the Postal Service continues to dispute every single claim. 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. We will continue to provide updates on this website as notable developments occur. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. 600 17th Street, Suite 1705-S 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. Free shipping. As a reminder, the EEOC website through the third-party administrator is not associated with our office. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 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 thank you all for your continued patience with this process. 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. 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. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. We respond promptly to inquiries. We continue to work with the judge to move this case forward toward a final resolution. 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. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. 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. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. 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. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. The Postal Service is disrupting the process by issuing premature FADs. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. And as always, please continue to monitor this website for any important updates. We wish all of you a joyous holiday season. 0720080054. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. Our goal is to get this matter resolved in a fair way as quickly as possible. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. See below for more information. 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 notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. Without your patience and persistence, the Postal Service would have won without a fight. Thank you again for your cooperation and patience. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. The name of the case is McConnell v. U.S. 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. Thanks to all who have returned Declarations to us. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. This is a big victory for all claimants, and a giant step toward conclusion of this process. We will continue to keep you posted on all major developments in the case. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. We are responding to each call and email in the order received. $24.99. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. There is still time to retain us. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). 520-2008-00053X. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. At Thomas & Solomon LLP, we forcefully protect those rights. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. 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. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Please continue to monitor our website for more updates in the coming weeks. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Summary: The requirements of correctly constituting a limited company. We have not spoken with USPS attorneys about settlement of any claims. The EEOC has never been faced with a claimant class this large. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 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. 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. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. 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. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. 6. 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. There will be a Spanish translation of the recording also available at the same number. Please continue to monitor this website for status updates. Thank you as always for your cooperation and support during the claim review process. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 693 East Avenue There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). 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. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. We will provide updated information regarding the process on this website. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. It is also ok to provide a persons position title if you dont remember a persons name. 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. We continue to take every action possible to help the Judge move this process forward. Solomon Northup and Twelve Years a Slave: Analyzing . Therefore, if you have not already provided us with a Disability Form (Supplemental Declaration Regarding Disability), you must provide that form to us right away so that it can be filed by March 31. Can I be reinstated to my USPS job now while this relief process is ongoing? Thank you. 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. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. No, your 30% contingency fee is only on the value of relief that you receive. Please Note: View the brief trailer from 12 Years a Slave (2013).. 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. 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. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. Yes. We have notched many milestone successes in this case since 2006. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. 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. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 2. 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 EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. Today we had another video conference call with the Administrative Judge. 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. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. We will promptly provide an update on this website as soon as that information is available. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. Do you need to file an individual appeal from the FAD? We do not yet know what will be on the EEOC website, or when this will all happen. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). First, please know that we will continue fighting to get you the best possible award. We will post an update to this webpage as soon as a ruling is issued on this Motion. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. 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. Welcome to the USPS Class Action Claim Website. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. 9. All those who were harmed by the NRP discrimination should submit a timely written claim. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. Our submission may be viewed here. 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.. Please continue to monitor this website over the upcoming weeks for additional important information. EUC! Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Posted in Federal Worker Compensation, General, Postal Workers. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. Please check this website frequently for updates. 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. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Please check this website for an update after the Status Conference on March 4, 2022.