USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. My Manager told me that I had no other option but to retire; or 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 also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. Yes, the Postal Service should have provided us the NRP file for each person. 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. NRP Class Action is being handled by Thomas & Solomon LLP. Welcome to the USPS Class Action Claim Website. 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. (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.) The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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: 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. The EEOC Administrative Judge held a status conference on November 19, 2019. 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. Attorney website: www.nrpclassaction.com Attorney phone #s: 585 272 0540 or toll free 877 272 4066 The 30 day window to file a written claim (measured from the date a class member receives notice from the Postal Service) provides a short time period. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. We can send you out a retainer letter that must be signed and returned to our office. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. Here are 10 things for every claimant to know RIGHT NOW: 1. 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. Thanks to all who have returned Declarations to us. 2. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. 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. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. 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 employees subjected to the National Reassessment Process in McConnell v. U.S. To learn more about the case, please visit NRPclassaction.com. 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. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. We continue to work with the judge to move this case forward toward a final resolution. 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. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. Please continue to monitor this website for updates on the case. 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. We continue to take every action we can to ensure that this process moves forward as quickly as possible. No, your 30% contingency fee is only on the value of relief that you receive. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! 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. In that case a final decision has been rendered in favor of the injured workers. When the judge provides information on how the claims process will be handled moving forward, we will post a new update 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. 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. 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. Please continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022. The judge stressed that the EEOC is actively weighing different ways to move the process forward. 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. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. Yes. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. If you have questions about the NRP class action claims process, please review this FAQ section. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. You can see the order by clicking here. 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. 6. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. This proposal is consistent with many other successful class actions. 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. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. 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. We will provide an update after the status conference. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 5. Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. My Supervisor complained about my limitations. Rochester NY, 14607
There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. Unfortunately, the Postal Service continues to dispute every single claim. The Administrative Judge has asked our offices to provide any evidence that claims were timely. 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. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. Denver, CO 80202. 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 . In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. 9. There is no action needed at this time on your individual claim. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. For better or worse, this case presents numerous potential impediments to wide-spread settlement. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). It is also ok to provide a persons position title if you dont remember a persons name. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients.
The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. * ATTORNEY ADVERTISING *
When the EEOC notice is issued, we will post a copy of it on this website. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. For most people, it will take less than one hour to complete the Declaration. 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. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. The next status conference is November 28, 2022. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or The EEOC agreed with our position. 520-2008-00053X. 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.