The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. In the near future, we will address frequently asked questions regarding the form and evidence on this website. Please continue to monitor this website for updates. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. View the brief trailer from 12 Years a Slave (2013).. 600 17th Street, Suite 1705-S This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. 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 next status conference is set for January 24, 2020. You will also need to fill out the Declaration.
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 soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. Please continue to check our website for updates in the coming weeks. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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. 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. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. We continue to take every action we can to ensure that this process moves forward as quickly as possible. As always, please continue to monitor this website for any updates. 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. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. 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. Can I be reinstated to my USPS job now while this relief process is ongoing? Free shipping for many products! Postal Service, EEOC Case No. Thank you. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. 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. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. 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. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional Nrpclassaction.com: Home | NRP Class Action With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. Salomon v Salomon - Case Summary - LawTeacher.net 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. We will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. There is no need for you to take any action at this time regarding the possibility of settlement. We will provide an update to the website as soon as the Judge issues a decision. 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. My Supervisor complained about my limitations. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. The next status conference with the EEOC Judge is scheduled for August 2019. 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. A significant amount of legal work remains to be accomplished as we press forward on every front. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this 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 legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. 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. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. 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. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. We will promptly provide an update on this website as soon as that information is available. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. 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. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). One important issue was decided during the status conference. We will provide an update after the status conference. EUC! The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. 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. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. 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. Our goal is to get this matter resolved in a fair way as quickly as possible. 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. 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. A copy of the Case Management Order is available by clicking here. 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. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. 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.. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. Summary: The requirements of correctly constituting a limited company. Our law offices have also been impacted by the Covid-19 situation. 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. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Welcome to the USPS Class Action Claim Website. 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. It is also ok to provide a persons position title if you dont remember a persons name. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. 7. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. 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. We do not yet have any estimate on the length of time that this process will take. 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 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. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. There is no need at this time to send a copy of the Pittman claim form to our offices. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. 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. 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. In the case of Sandra McConnell, et al. As explained by the Judge in the recent order: [T]he U.S. Find many great new & used options and get the best deals for Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach - Hit Toy at the best online prices at eBay! We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. To the extent Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. 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. 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. Over the next few weeks, we will be sending out new forms to many of our clients to complete. 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. We will provide an update as soon as a decision is issued regarding our motion for sanctions. * indicates required information Also, please note that not every client is being sent these forms at this time. (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.) You can always reject any offer that is made to you by the Postal Service in the future. Some 41,000 past and. 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. 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 have filed an extension request with the Judge. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and
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. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). 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. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. All those who were harmed by the NRP discrimination should submit a timely written claim. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. 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. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence.