We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Some 41,000 past and. You can always reject any offer that is made to you by the Postal Service in the future. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. However, settlement is not possible in every case. Until we know if our motion has been granted, you should proceed as though the Declaration should be returned to our office by March 25, 2019. No, your 30% contingency fee is only on the value of relief that you receive. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. Introduction. Again, if you have not yet 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 with the Judge by March 31. Our submission may be viewed here. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. 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. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. Please call us if you have any questions about this. The call was fairly brief. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. You should include specific names of people that harassed you, and approximate dates to the best you can. If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. We will represent you before an EEOC administrative judge. In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. 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. 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. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. Click here for a copy of the notice of appeal filed on July 12, 2018. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. We thank you all for your continued patience with this process. The Judge partially granted our motion. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. 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. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. Do you need to file an individual appeal from the FAD? 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. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Many class members who submitted claims for individual relief have received response letters from the Postal Service. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). No, there has been no settlement of this case. Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. For better or worse, this case presents numerous potential impediments to wide-spread settlement. An update will be provided following the May 12, 2022 status conference. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. Yes, the Postal Service should have provided us the NRP file for each person. We greatly appreciate your patience during this process. Postal Service, EEOC Case No. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. In the case of Sandra McConnell, et al. As a reminder, the EEOC website through the third-party administrator is not associated with our office. Please continue to monitor our website for updates. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. 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. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. The Administrative Judge has asked our offices to provide any evidence that claims were timely. In the past few days, we have received a very large number of calls and emails related to this case. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. We wish all of you a joyous holiday season. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. There is not a magic number for how much information should be submitted. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. You can access the Declaration (with instructions) by clicking here. It is also ok to provide a persons position title if you dont remember a persons name. If you did either of those two things, then there is no need to fill out another retainer agreement. The Declaration form contains information that the EEOC Judge has requested for each claimant. Again, there is no need for you to take any action at this time regarding the possibility of settlement. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. Thank you for your continued patience! The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. Without your patience and persistence, the Postal Service would have won without a fight. We continue to take every action we can to ensure that this process moves forward as quickly as possible. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Name * First Last . For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. A significant amount of legal work remains to be accomplished as we press forward on every front. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. 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. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. 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 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. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Please continue to monitor this website for updates on the case. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. As you will see, our proposal addresses both fairness and efficiency. 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.. 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. 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. 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. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. Our law offices have also been impacted by the Covid-19 situation. We will continue to provide updates on this website as notable developments occur. 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. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). 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 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. 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. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Postal Service, EEOC Case No. Thank you! The Judge has indicated a desire to resolve this issue promptly, if possible. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. All those who were harmed by the NRP discrimination should submit a timely written claim. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. As always, we greatly appreciate your support and patience throughout this process. 520-2010-00280X; Agency No. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. 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. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. Please continue to monitor this website for status updates. You can see the order by clicking here. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. A copy of the Case Management Order is available by clicking here. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. 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. We recommend that you retain the claim form documents for your records. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. We continue to respond to each call and email in the order received. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). U.S. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. 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. 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. 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 will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Recently many claimants have been asking about the timeline as to when claims will be evaluated. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. The Postal Service HAS NOT sent copies of these letters to your attorneys. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. As explained by the Judge in the recent order: [T]he U.S. 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. 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. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. We understand that there is some confusion as to the date when the spreadsheet submissions are due. Thank you for your support, assistance, and patience throughout this claims process. We are continuing the process of organizing this information as fast as possible. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. 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. The claims process is still moving forward. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. The EEOC Administrative Judge held a status conference on November 19, 2019. Thomas & Solomon 585-272-0540. 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.. My Manager told me that I might be sent to work for Walmart or another company. You should mail this letter to: USPS - NELU These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Unfortunately, some of our clients in this case have passed away. 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. Thomas & Solomon LLP 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. 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. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. 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. A lengthy status conference was held with the Administrative Judge on May 13, 2019. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. You have come too far in the process to quit now. If you receive nothing as a result of your claim, you would owe us nothing. 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! 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. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. 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. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. 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. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 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. 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 understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. Please know that we are fighting for you, just as we have done for over 10 years. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case.
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