US Postal Services Settles Discrimination Class Action for $17.3M No. nrp class action | PostalReporter.com In the past few weeks, we received a very large number of calls and emails related to this case. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). 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. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy. We greatly appreciate your patience during this 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 continue to take every action we can to ensure that this process moves forward as quickly as possible. The comprehensive spreadsheet must be filed by July 18, 2022. For our clients, please provide your updated contact information to us. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Please continue to check our website for updates in the coming weeks. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. 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. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. 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.. Denver, CO 80202. Our proposed Case Management Order is carefully tailored to this unprecedented case. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 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. Such production took place over several months back in 2012 and 2013. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. Postal Service, EEOC Case No. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. 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 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. 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. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. Please do not give up on your claims for relief! Your claim in this case is a personal asset. Solomon Northup and Twelve Years a Slave: Analyzing . 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. 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. 520-2008-00053X. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. . 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. No, there has been no settlement of this case. 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. 4. Click here to see the latest news on the case. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. Please check this website for an update after the Status Conference on March 4, 2022. (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. Thanks as always for your ongoing patience, and your assistance in this case. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. 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. We can send you out a retainer letter that must be signed and returned to our office. 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. We will provide an update as soon as a decision is issued regarding our motion for sanctions. A significant amount of legal work remains to be accomplished as we press forward on every front. To schedule an employment law attorney consultation, please call or complete the intake form below. Thank you again for your cooperation and patience. 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. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. The next status conference is November 28, 2022. 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. We organized and submitted all available documentation in accordance with the Case Management Order. 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. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Please continue to monitor this website for status updates. 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. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. We strongly recommend that you do not opt out of this process. 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. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. As previously reported, we have filed an extension request with the Judge. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. And please call or email us if you have questions. Updates - NRP Class Action Lawsuit While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. My Supervisor complained about my limitations. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. We will post status updates on the claims process on this website. We hope the EEOC will act quickly to restore order to this process. The Judge has indicated a desire to resolve this issue promptly, if possible. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. In the past few days, we have received a very large number of calls and emails related to this case. 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. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. 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. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. We recommend that you retain the claim form documents for your records. Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. Today we had another video conference call with the Administrative Judge. 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. 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. Some 41,000 past and. These forms are very short, and most clients will be able to complete these forms in five minutes or less. Unfortunately, some of our clients in this case have passed away. 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 particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. To see the Motion that was filed, CLICK HERE. 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. 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). 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. For more information about the Pittman class action, please go to http://www.pittmanclass.com. 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). We greatly appreciate the Judges efforts. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. For better or worse, this case presents numerous potential impediments to wide-spread settlement. 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. USPS Class Action Claims | Home You should complete, sign and return the Declaration form to our offices as soon as possible. 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. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. 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. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. 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. We have notched many milestone successes in this case since 2006. 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. We have filed an extension request with the Judge. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. 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. 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 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. U. S. Postal Service National Reassessment Process ("NRP") is found to Please note: we are using email to send these forms to our clients to the greatest extent possible. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. 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. We will provide you with written instructions on what to include to support your claim. At the very latest, you must complete, sign and return the form to us by March 25, 2019. Postal Service by employees with disabilities. We strongly encourage timely cooperation if you receive the notice from the EEOC. USPS continues its stubborn opposition to providing money relief to claimants. 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. 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. Our goal is to get this matter resolved in a fair way as quickly as possible. Postal Service who have been subjected to [] We are responding to each call and email in the order received. 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. 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. Salomon v A Salomon & Co Ltd - Wikipedia The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. We believe that this action by the Postal Service is improper. NRP Class Action Victory - Class Member Claims DUE NOW 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. 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 advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. I was told that I would be sent to work for Walmart; or First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. 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. NRP Class Action Lawsuit Updates (February - May 2022) My Manager told me that I might be sent to work for Walmart or another company. During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. 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, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. That work includes representing you in your individual claim through the entire EEOC claims process. A copy of the Case Management Order is available by clicking here. 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. Current status of the NRP class action case - Postal Times 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. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. Free shipping. 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. The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. Our team is standing by! We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process.
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