The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. The Judge partially granted our motion. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. Yes, the Postal Service should have provided us the NRP file for each person. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. Again, do the best you can with the information you know. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. Over the next few weeks, we will be sending out new forms to many of our clients to complete. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. Activity 1. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Our offices will be in touch with you when you need to take additional steps. You should complete, sign and return the Declaration form to our offices as soon as possible. We appealed this improper action by the Postal Service. 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. As explained by the Judge in the recent order: [T]he U.S. Thank you for all of your patience. We will provide an update after the status conference. At this time, the Administrative Judge has not yet made her selection of Special Masters. Please continue to monitor the website for further updates. 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 recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. 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. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. We greatly appreciate your patience during this process. No, your 30% contingency fee is only on the value of relief that you receive. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. And as always, please continue to monitor this website for any important updates. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. In any event, please rest assured that we will return all messages. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. Introduction. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. We recommend that you retain the claim form documents for your records. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast 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 . You do not need to send us documents that you already sent us. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. You will also need to fill out the Declaration. 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.. We are responding to each call and email in the order received. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. 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. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. Yes, we will include any documents you have provided to our office. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. If you receive nothing as a result of your claim, you would owe us nothing. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. Our suggested claim form is easy to complete. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks. If 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. In the case of Sandra McConnell, et al. Yes. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. As always, we greatly appreciate your patience during this process. Denver, CO 80202. We cannot predict how long this process will take. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. At the very latest, you must complete, sign and return the form to us by March 25, 2019. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. 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. As you will see, our proposal addresses both fairness and efficiency. As always, we greatly appreciate your support and patience throughout this process. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. The EEOC agreed with our position. Solomon Northup and Twelve Years a Slave: Analyzing . Please do not give up on your claims for relief! We continue to work with the judge to move this case forward toward a final resolution. We will post status updates on the claims process on this website. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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. 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. 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). We will provide an update as soon as a decision is issued regarding our motion for sanctions. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. The Judge has indicated a desire to resolve this issue promptly, if possible. To the best of our knowledge, the Postal Service has disputed every individuals claim for 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)? 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. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. The value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP. 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. 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. However, attorneys and staff are working remotely, and we are monitoring our voicemail. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. Again, there is no need for you to take any action at this time regarding the possibility of settlement. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. Posted in Federal Worker Compensation, General, Postal Workers. Please continue to monitor this website for any updates. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. 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. 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. 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. 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. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. EUC! 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. Please continue to monitor our website for more updates in the coming weeks. We will provide updated information regarding the process on this website. 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. In addition, you can use the continuation sheet of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as depression or anxiety), and medication prescribed as a result of the NRP. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. Thomas & Solomon 585-272-0540. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. Here is a copy of the Order. We will post an update to this webpage as soon as a ruling is issued on this Motion. 9. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. Click here for a copy of the notice of appeal filed on July 12, 2018. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. Thank you for your prompt attention to this important task! 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. 4B-140-0062-06. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. 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 are very grateful for the Judges willingness to discuss the possibility of settlement. 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. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. You are also allowed to use your own paper. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. Such production took place over several months back in 2012 and 2013. You can see the order by clicking here. If you retain us, your total contingency fee payment will be 30%. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. 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. No new date has been scheduled, but please continue to check the website for updates. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. 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. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. View the brief trailer from 12 Years a Slave (2013).. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. 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. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. 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. The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. You may want to include specific examples of statements that were made to you on your Continuation sheet.
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