NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. 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. 8. 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. My Manager told me that I might be sent to work for Walmart or another company. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. You should mark the boxes for every statement that applies to your situation. 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. If you have already done so, thank you! NRP Class Action is being handled by Thomas & Solomon LLP. 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. We will provide an update as soon as further news is available. Unfortunately, some of our clients in this case have passed away. One important issue was decided during the status conference. The Judge expressed a hope that she could begin to review individual claims in late July or August. We will promptly pursue this issue through the appropriate process. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. U. S. Postal Service National Reassessment Process ("NRP") is found to To the best of our knowledge, the EEOC has never created a website devoted to a single case. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. We will represent you before an EEOC administrative judge. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. In order to access the recorded message, you will need to call a special phone number. 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). Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. 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. 4B-140-0062-06. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or This is a good development, but a lengthy fight remains in order to obtain a just and fair result. In the case of Sandra McConnell, et al. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. 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. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. A contingency fee is only paid if we obtain a recovery for you. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Please check this website for an update after the Status Conference on March 4, 2022. EEOC class action ruling re USPS Injured on the Job Employees Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Thomas & Solomon LLP The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. At this time, the Administrative Judge has not yet made her selection of Special Masters. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. 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. 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. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). 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. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. 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. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. US Postal Service censured for forcing out disabled staff 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. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. 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. 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. This proposal is consistent with many other successful class actions. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Please Note: 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. 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. While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. We organized and submitted all available documentation in accordance with the Case Management Order. 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. 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. 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. 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 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. We are continuing the process of organizing this information as fast as possible. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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. You can always reject any offer that is made to you by the Postal Service in the future. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. My Supervisor complained about my limitations. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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. The next status conference is November 28, 2022. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Yes. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. There is no need for you to take any action at this time regarding the possibility of settlement. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. Thanks as always for your ongoing patience, and your assistance in this case. As always, we greatly appreciate your support and patience throughout this process. 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 intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. (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.) For more information about the Pittman class action, please go to http://www.pittmanclass.com. 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. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. Rochester NY, 14607 The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. * We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. For an evaluation of your circumstances and legal options, reach us online here. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. We believe that this action by the Postal Service is improper. We will provide an update to the website as soon as the Judge issues a decision. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. The next status conference is scheduled for October 31, 2022 at 11:00 am. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 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. 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. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. As always, we greatly appreciate your patience during this process. Postal Service, EEOC Case No. Of note, we may request feedback or clarification from some Claimants in the next few weeks. 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. We can send you out a retainer letter that must be signed and returned to our office. We thank you all for your continued patience with this process. At the status conference, USPS called more plays from this old playbook. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. At the end of todays status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. As your attorneys, we agree with the Judges negative view of the opt-out process. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Thank you again for your cooperation and patience. You do not need to send us documents that you already sent us. 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. 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 claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Do you need to file an individual appeal from the FAD? Separate Legal Personality (SLP) is the basic tenet on which company law is premised. We strongly recommend that you do not opt out of this process. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. 520-2010-00280X; Agency No. 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. Please continue to monitor this website for further updates. Please note: we are using email to send these forms to our clients to the greatest extent possible. 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. On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive. Please check this website for updates. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP The value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. The call was very lengthy, lasting almost three hours. 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. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. A copy of the Case Management Order is available by clicking here. 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! We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574.