thomas and solomon nrp class action thomas and solomon nrp class action

We continue to work with the judge to move this case forward toward a final resolution. 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. 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). On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. We are responding to each call and email in the order received. The conference lasted a little over two hours. Postal Service, EEOC Case No. We cannot predict how long this process will take. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. Please continue to monitor this website for any updates. If you have questions about the NRP class action claims process, please review this FAQ section. 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. * indicates required information The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. We organized and submitted all available documentation in accordance with the Case Management Order. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Thank you for your support, assistance, and patience throughout this claims process. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. Whether you get any money and how much is determined by the EEOCs decision on your claim. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Postal Service by employees with disabilities. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. Also, please note that not every client is being sent these forms at this time. 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. 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 will be a Spanish translation of the recording also available at the same number. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. 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. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019. The NRP has been rolled out in most USPS districts across the nation. 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.. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. As always, please continue to monitor this website for any updates. Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. 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. Thank you for your prompt attention to this important task! On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. 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. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 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. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. If you would like to retain our firms at this time to represent you in your individual claim, please let us know immediately, and we will send you a retainer letter that must be signed by you and returned to our office. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. (Our firms did not seek any such extension.) (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) 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. As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. We will promptly pursue this issue through the appropriate process. At the very latest, you must complete, sign and return the form to us by March 25, 2019. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. 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. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. 2. There is no need at this time to send a copy of the Pittman claim form to our offices. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. We will promptly update this website as soon as we have news to report. Merely submitting the claim form does not endanger your disability or social security claims. As explained by the Judge in the recent order: [T]he U.S. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. Thank you! It is also ok to provide a persons position title if you dont remember a persons name. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. If you receive a request for information from us, please reply as soon as possible. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. $24.99. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. There may be better options that would work in your benefit. Our suggested claim form is easy to complete. 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 post status updates on the claims process on this website. 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. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. 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. * EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. The EEOC Administrative Judge held a status conference on November 19, 2019. Thomas & Solomon LLP The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. 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. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. We have notched many milestone successes in this case since 2006. Our offices will be in touch with you when you need to take additional steps. For example, we reported that there had been some confusing information provided by the EEOCs administrator. An update will be provided following the May 12, 2022 status conference. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. If you have any additional documents, please make sure to include them with the completed Declaration. We have filed an extension request with the Judge. 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. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. Thanks to all who have returned Declarations to us. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. Please Contact Us if you have any questions, comments or if you need information. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. My Manager told me that I might be sent to work for Walmart or another company. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. Activity 1. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. Please note: we are using email to send these forms to our clients to the greatest extent possible. 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. You can access the Declaration (with instructions) by clicking here. (585) 272-0540 (tel) To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. Please continue to check the website for updates. For most claimants, filling out the form will take less than one hour. Many of you have asked about the next steps in the EEOC process. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge. Such production took place over several months back in 2012 and 2013. 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. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. 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. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. (A copy of the Declaration form is available by clicking this link). There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. We deeply appreciate your extraordinary patience as this lengthy process moves forward. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. Again, there is no need for you to take any action at this time regarding the possibility of settlement. No. In the past few days, we have received a very large number of calls and emails related to this case. We will provide an update as soon as further news is available. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 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. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. See below for more information. 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 4B-140-0062-06. You should mail this letter to: USPS - NELU If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. There is not a magic number for how much information should be submitted. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Let us help you to fight for your rights. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Salomon v A Salomon and Co Ltd [1897] AC 22. 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.