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Our proposed Case Management Order is carefully tailored to this unprecedented case. 3. USPS continues its stubborn opposition to providing money relief to claimants. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. U. S. Postal Service National Reassessment Process ("NRP") is found to Please continue to check our website for 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. We can send you out a retainer letter that must be signed and returned to our office. nrp class action | PostalReporter.com Please continue to monitor this website for updates. Continued patience is therefore required. 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.. Please continue to monitor our website for more updates in the coming weeks. 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. We deeply appreciate your extraordinary patience as this lengthy process moves forward. We continue to fight for justice for all of the claimants in this case. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. 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. 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. Thomas & Solomon LLP We will be in touch in the coming weeks if we need anything additional from you. 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. 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. 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. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. You should receive a form in the mail by March 18, 2019. To schedule an employment law attorney consultation, please call or complete the intake form below. You are also allowed to use your own paper. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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 respond promptly to inquiries. You should mark the boxes for every statement that applies to your situation. 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 organized and submitted all available documentation in accordance with the Case Management Order. First, please know that we will continue fighting to get you the best possible award. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. Thanks to all who have returned Declarations to us. 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. Other people used a different claim form, then filled out a written retainer agreement with our office. 600 17th Street, Suite 1705-S 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. We cannot predict how long this process will take. Whether you get any money and how much is determined by the EEOCs decision on your claim. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. Therefore, these activity files should already be in the possession of Phase I Class Counsel. Do you need to file an individual appeal from the FAD? We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. 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. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. 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 coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. US Postal Services Settles Discrimination Class Action for $17.3M Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. The Postal Service HAS NOT sent copies of these letters to your attorneys. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. The EEOC Administrative Judge held a status conference on November 19, 2019. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. We do not yet know what will be on the EEOC website, or when this will all happen. 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 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. 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. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. As your attorneys, we agree with the Judges negative view of the opt-out process. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. The NRP has been rolled out in most USPS districts across the nation. 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. Again, there is no need for you to take any action at this time regarding the possibility of settlement. Without your patience and persistence, the Postal Service would have won without a fight. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. For most people, it will take less than one hour to complete the Declaration. My Supervisor complained about my limitations. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit You should mail this letter to: USPS - NELU The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. 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. We have not spoken with USPS attorneys about settlement of any claims. We have filed an extension request with the Judge. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. Thomas & Solomon 585-272-0540. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. 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. These forms are very short, and most clients will be able to complete these forms in five minutes or less. To learn more about the case, please visit NRPclassaction.com. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. To see the Motion that was filed, CLICK HERE. As you will see, our proposal addresses both fairness and efficiency. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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. The next status conference is November 28, 2022. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. 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. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. Thanks as always for your ongoing patience, and your assistance in this case. In any event, please rest assured that we will return all messages. 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. For example, we reported that there had been some confusing information provided by the EEOCs administrator. 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. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. In the past few days, we have received a very large number of calls and emails related to this case. Yes, we will include any documents you have provided to our office. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. We thank you all for your continued patience with this process. 10. Updates - NRP Class Action Lawsuit You can see the order by clicking here. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened: 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. My Supervisors or co-workers called me lazy due to my restrictions. EEOC finds USPS practiced disability discrimination Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. Thank you again for your cooperation and patience. 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. If you have already done so, thank you! 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 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. If you receive nothing as a result of your claim, you would owe us nothing. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. 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. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. 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! Introduction. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. Thank you! Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. No. However, settlement is not possible in every case. We will post an update on this website shortly after the Status Conference. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. You have come too far in the process to quit now. The Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. 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. While GODADDY.COM LLC was its first registrar, . We believe that this action by the Postal Service is improper. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. Thomas & Friends TrackMaster "JAMES" Motorized Train Engine 2009 WORKS Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. We strongly recommend that you do not opt out of this process. You will also need to fill out the Declaration. Please note that this does not directly relate to your claim in the NRP Class Action. 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. Merely submitting the claim form does not endanger your disability or social security claims. 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. 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. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward.