In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. An update will be provided following the May 12, 2022 status conference. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. 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. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. We will post an update to this webpage as soon as a ruling is issued on this Motion. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 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. We hope the EEOC will act quickly to restore order to this process. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. 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. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. Many of you have asked about the next steps in the EEOC process. My Manager told me that I might be sent to work for Walmart or another company. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. In order to access the recorded message, you will need to call a special phone number. Thank you for all of your patience. 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. 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. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Free shipping for many products! The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. NRP Class Action is being handled by Thomas & Solomon LLP. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart.
U. S. Postal Service National Reassessment Process ("NRP") is found to 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. However, before you turn down any relief, you should speak with Class Counsel to explore your options. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. Please call us if you have any questions about this. If you have already done so, thank you! The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. If you receive nothing as a result of your claim, you would owe us nothing. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. We will provide you with written instructions on what to include to support your claim. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. We will promptly update this website as soon as we have news to report. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. 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. (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.) Put another way, for all claimants who hired our law firms, we will not cease our fight on your behalf until the Postal Service provides a fair and reasonable resolution, or there is a final EEOC decision on your claim, whichever occurs first. 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. Our offices will be in touch with you when you need to take additional steps. 0720080054. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. Ms. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. If you have not yet received a call back, you may try to call us again, and you may be able to get through. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. 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 The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. 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. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 6. 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. Please continue to check our website for updates in the coming weeks. These forms are very short, and most clients will be able to complete these forms in five minutes or less. 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, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. Please check this website for updates. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. We hope you and your loved ones are safe during these difficult times. 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. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. 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. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). This is a big victory for all claimants, and a giant step toward conclusion of this process. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. The Declaration form contains information that the EEOC Judge has requested for each claimant. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Show the Postal Service that discrimination has consequences please submit a timely claim! Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. Let us help you to fight for your rights. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. *
Can I be reinstated to my USPS job now while this relief process is ongoing? Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. 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. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. 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. 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. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. Our goal is to get this matter resolved in a fair way as quickly as possible. 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. Please continue to monitor the website for updates. We will continue to keep you posted on all major developments in the case. To see the Motion that was filed, CLICK HERE. The claims process is still moving forward. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. U.S. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. 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! 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. The NRP has been rolled out in most USPS districts across the nation. 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. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. 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. In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. As always, please continue to monitor this website for any updates. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. We are continuing the process of organizing this information as fast as possible. You should mark the boxes for every statement that applies to your situation. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised.
EEOC class action ruling re USPS Injured on the Job Employees To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Welcome to the USPS Class Action Claim Website. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. The Judge has indicated a desire to resolve this issue promptly, if possible. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. As you will see, our proposal addresses both fairness and efficiency. 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. No, there has been no settlement of this case. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 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. * indicates required information The next status conference is scheduled for October 31, 2022 at 11:00 am. That work includes representing you in your individual claim through the entire EEOC claims process. (A copy of the Declaration form is available by clicking this link). 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. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and
If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. If you have questions related to filling out the Declaration form, please call us at 585-272-0540.
Salomon v Salomon - Case Summary - LawTeacher.net In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. 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 recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. We continue to work with the judge to move this case forward toward a final resolution. 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. You should include specific names of people that harassed you, and approximate dates to the best you can. Please continue to monitor this website for further updates. 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. We respond promptly to inquiries. 693 East Avenue
v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. 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. 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. 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. 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. Thank you! There is no need for you to take any action at this time regarding the possibility of settlement. Please continue to check the website for updates. To the extent The judge stressed that the EEOC is actively weighing different ways to move the process forward. 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. (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. My Manager told me that I might be sent to work for Walmart or another company. The Order does not accept the plan proposed by Class Counsel. The EEOC Administrative Judge held a status conference on November 19, 2019. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Posted in Federal Worker Compensation, General, Postal Workers. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days.