USPS continues its stubborn opposition to providing money relief to claimants. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. The EEOC Administrative Judge held a status conference on November 19, 2019. 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 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. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. Such production took place over several months back in 2012 and 2013. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. This proposal is consistent with many other successful class actions. First, please know that we will continue fighting to get you the best possible award. 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. So I understood that I had no option but to retire; or It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. 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. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. 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. 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. (Our firms did not seek any such extension.) The Postal Service HAS NOT sent copies of these letters to your attorneys. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. 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. We strongly recommend that you do not opt out of this process. 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. My Manager told me that I might be sent to work for Walmart or another company. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. Therefore, these activity files should already be in the possession of Phase I Class Counsel. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. No. We organized and submitted all available documentation in accordance with the Case Management Order. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. However, medical information can help support your claim for damages. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. 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. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Go ahead and read through the instructions we provided and do the best that you can. Postal Service, EEOC Case No. 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). Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. 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. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. It depends. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. 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. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) 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. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. Please continue to monitor this website for updates on the case. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Please continue to monitor our website for more updates in the coming weeks. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. 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. As always, please continue to monitor this website for any updates. In order to access the recorded message, you will need to call a special phone number. The main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. This is a big victory for all claimants, and a giant step toward conclusion of this process. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. The claims process is still moving forward. Please check this website frequently for updates. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. Here is a copy of the Order. We recommend that you retain the claim form documents for your records. 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. 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. 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. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. Again, there is no need for you to take any action at this time regarding the possibility of settlement. 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. Many of you have asked about the next steps in the EEOC 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 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. 9. Please Note: Summary: The requirements of correctly constituting a limited company. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. 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. Thomas & Solomon LLP
You can access the Declaration (with instructions) by clicking here. We will post status updates on the claims process on this website. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. Please continue to check this website for updates. Solomon Northup and Twelve Years a Slave: Analyzing . My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. We continue to respond to each call and email in the order received. 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. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. You may want to include specific examples of statements that were made to you on your Continuation sheet. For most claimants, filling out the form will take less than one hour. If you did either of those two things, then there is no need to fill out another retainer agreement. 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. Yes, the Postal Service should have provided us the NRP file for each person. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. 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! There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. As always, we greatly appreciate your support and patience throughout this process. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. Thank you! Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. 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. 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. The call was very lengthy, lasting almost three hours. We thank you all for your continued patience with this process. There is not a magic number for how much information should be submitted. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. You should mark the boxes for every statement that applies to your situation. 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. We will promptly provide an update on this website as soon as that information is available. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. (A copy of the Declaration form is available by clicking this link). Thank you for all of your patience. We will promptly update this website as soon as we have news to report. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. The Administrative Judge has asked our offices to provide any evidence that claims were timely. We cannot predict how long this process will take. 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. 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. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. Our proposed Case Management Order is carefully tailored to this unprecedented case. 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. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. At the status conference, USPS called more plays from this old playbook. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. We will represent you before an EEOC administrative judge. Activity 1. You do not need to send us documents that you already sent us. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. We believe that this action by the Postal Service is improper. 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. Yes. *
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. Yes. 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. 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. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. The Administrative Judge has not yet announced the process or timeline for reviewing claims. There is no need for you to take any action at this time regarding the possibility of settlement. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. Please continue to check this website for updates. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Today we had another video conference call with the Administrative Judge. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Thank you for your continued patience! Again, if you have not yet 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 with the Judge by March 31. 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. 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