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No, your 30% contingency fee is only on the value of relief that you receive. 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. 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. 10. 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. * For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. 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. You should receive a form in the mail by March 18, 2019. 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. We will provide updated information regarding the process on this website. 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: The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. A significant amount of legal work remains to be accomplished as we press forward on every front. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on claims. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. The Order does not accept the plan proposed by Class Counsel. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. Also, please note that not every client is being sent these forms at this time. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. We will represent you before an EEOC administrative judge. 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. 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. Please continue to monitor our website for more updates in the coming weeks. 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. Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to 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. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. 520-2010-00280X; Agency No. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. 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. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. 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. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. 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. 693 East Avenue It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). Go ahead and read through the instructions we provided and do the best that you can. We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. 3. (A copy of the Declaration form is available by clicking this link). 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. Accordingly, it is a good idea to proceed cautiously. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. 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. 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 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. If you receive nothing as a result of your claim, you would owe us nothing. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. You can see the order by clicking here. Thank you for your cooperation and patience through this lengthy process. There is no action needed at this time on your individual claim. 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. We cannot predict how long this process will take. 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. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. 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). Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. We are continuing the process of organizing this information as fast 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. 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. Our attorneys continue to work on this case, and we are in regular contact with the Judge. We will continue to keep you posted on all major developments in the case. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. We will provide you with written instructions on what to include to support your claim. 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. 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. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and Welcome to the USPS Class Action Claim Website. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. The judge may wish for a live hearing to determine the proper award for your claim. The Order also states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019; and that Class Member claimants are to submit their response briefs and evidence 20 days after that (although the Order notes that extensions to the deadlines may be permitted). 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. Please continue to monitor our website for updates. Please continue to monitor this website for any updates. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. We hope you and your loved ones are safe during these difficult times. Merely submitting the claim form does not endanger your disability or social security claims. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. 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.. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". We have recently received a final decision from the EEOC regarding our appeal. 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. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. 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 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. Please Note: 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. 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. 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. Introduction. When the EEOC notice is issued, we will post a copy of it on this website. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. In order to access the recorded message, you will need to call a special phone number. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Please continue to monitor this website for further updates. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. The Judge has indicated a desire to resolve this issue promptly, if possible. We respond promptly to inquiries. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Please continue to monitor the website for further updates. The judge stressed that the EEOC is actively weighing different ways to move the process forward. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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 understand that there is some confusion as to the date when the spreadsheet submissions are due. 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 wish all of you a joyous holiday season. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. However, settlement is not possible in every case. 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. The next status conference with the EEOC Judge is scheduled for August 2019. In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. 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. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). No new date has been scheduled, but please continue to check the website for updates. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. There is still time to retain us. We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. In this case, the EEOC will appoint five Special Masters who will each have broad discretion to recommend damages and relief for the claims presented to them. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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 This is a good development, but a lengthy fight remains in order to obtain a just and fair result. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. 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. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. Please note that this does not directly relate to your claim in the NRP Class Action. To the best of our knowledge, the EEOC has never created a website devoted to a single case. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. 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. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. 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. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. And please call or email us if you have questions. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. Thank you again for your cooperation and patience. However, attorneys and staff are working remotely, and we are monitoring our voicemail. She also indicated that the EEOC intends to send a notice out of such website. Our goal is to get this matter resolved in a fair way as quickly as possible. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. Please continue to check our website for updates in the coming weeks. And as always, please continue to monitor this website for any important updates. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. The Judge went on to explain that although claimants themselves can seek a FAD and thus leave this case, the Judge also said it is: unclear why any claimant would opt out of the class and seek a FAD. 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. 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. (If you have already completed that form and submitted it to us, there is no other action needed by you at this 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. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. 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 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 7. 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. Detailed instructions on completing the Declaration form are available by clicking here. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 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. The Postal Service HAS NOT sent copies of these letters to your attorneys. No. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. 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. 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. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. 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.
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