Recently many claimants have been asking about the timeline as to when claims will be evaluated. And please call or email us if you have questions. 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). For our clients, please provide your updated contact information to us. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. 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). We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. At this time, the Administrative Judge has not yet made her selection of Special Masters. As always, please continue to monitor this website for any updates. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. 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. 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. Today we had another video conference call with the Administrative Judge. 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. 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. 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. 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 deeply appreciate your extraordinary patience as this lengthy process moves forward. (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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. We will provide an update to the website as soon as the Judge issues a decision. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. There is no need for you to take any action at this time regarding the possibility of settlement. 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 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. Yes. 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. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. 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 Judge set deadlines by which the parties must submit their portions of the spreadsheet. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. 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 strongly encourage timely cooperation if you receive the notice from the EEOC. NRP Class Action is being handled by Thomas & Solomon LLP. Click here to see the latest news on the case. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Welcome to the USPS Class Action Claim Website. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. Please continue to monitor the website for further updates. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge. The call was fairly brief. As always, we greatly appreciate your support and patience throughout this process. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. You should mail this letter to: USPS - NELU Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Over the next few weeks, we will be sending out new forms to many of our clients to complete. 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. Introduction. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. 9. Some 41,000 past and. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. We will take all steps necessary to provide the Judge with timely submissions for all our clients. 600 17th Street, Suite 1705-S We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. We will post status updates on the claims process on this website. The Postal Service is disrupting the process by issuing premature FADs. In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. 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. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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 recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. For our clients, please provide your updated contact information to us. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 3. 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 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. Please continue to monitor this website for updates. Please continue to check our website for updates in the coming weeks. 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 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 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. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. We will provide updated information regarding the process on this website. Thomas & Solomon 585-272-0540. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Yes, we will include any documents you have provided to our office. No. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. We will provide you with written instructions on what to include to support your claim. 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. Here are 10 things for every claimant to know RIGHT NOW: 1. A lengthy status conference was held with the Administrative Judge on May 13, 2019. Please Note: 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. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) Go ahead and read through the instructions we provided and do the best that you can. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. Yes. 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. 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. Postal Service by employees with disabilities. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. Let us help you to fight for your rights. Thank you. 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. 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. We will post an update to this webpage as soon as a ruling is issued on this Motion. 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. Nevertheless, those survey responses might help give you a starting point! Our suggested claim form is easy to complete. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. There will be a Spanish translation of the recording also available at the same number. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. If you have already done so, thank you! TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. 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. Therefore, these activity files should already be in the possession of Phase I Class Counsel. 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. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. No new date has been scheduled, but please continue to check the website for updates. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. Please continue to monitor this website for further updates. *
To learn more about the case, please visit NRPclassaction.com. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. The judge stressed that the EEOC is actively weighing different ways to move the process forward. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. We can send you out a retainer letter that must be signed and returned to our office. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. 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 have any additional documents, please make sure to include them with the completed Declaration. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. Thanks to all who have returned Declarations to us. 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. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. For an evaluation of your circumstances and legal options, reach us online here. Free shipping for many products! You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. 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. We are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). 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:
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