We currently have no information regarding the nature of the EEOCs website or the notice, so unfortunately cannot yet provide answers to questions you may have, but we will provide a detailed update as soon as we have additional information. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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. You should mark the boxes for every statement that applies to your situation. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. 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 The McConnell Case (NRP Class Action) | Injured Federal Worker Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. 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. A copy of the Case Management Order is available by clicking here. As a reminder, the EEOC has not issued any decisions on any of the claims. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. As your attorneys, we agree with the Judges negative view of the opt-out process. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. We also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. 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. NRP Class Action Against USPS - THE NEWS JUNKIE DAILY - Facebook 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. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. The next status conference with the EEOC Judge is scheduled for August 2019. 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. 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. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. Name * First Last . However, before you turn down any relief, you should speak with Class Counsel to explore your options. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. 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. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019. 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. Our law offices have also been impacted by the Covid-19 situation. USPS Class Action Claims | Home We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. All those who were harmed by the NRP discrimination should submit a timely written claim. 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. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. NRP Class Action Victory - Class Member Claims DUE NOW However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. 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. View the law firm's profile for reviews, office locations, and contact information. 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. Nrpclassaction.com: Home | NRP Class Action As previously reported, we have filed an extension request with the Judge. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Just do the best that you can with any information that you know. We believe the Postal Service must be held accountable for the consequences of its discrimination. (A copy of the Declaration form is available by clicking this link). Please continue to monitor the website for updates. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. We continue to respond to each call and email in the order received. In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. We organized and submitted all available documentation in accordance with the Case Management Order. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. Denver, CO 80202. 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. The conference lasted a little over two hours. We do not yet know what will be on the EEOC website, or when this will all happen. We strongly encourage timely cooperation if you receive the notice from the EEOC. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. 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. 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. For most claimants, filling out the form will take less than one hour. 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. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. The judge stressed that the EEOC is actively weighing different ways to move the process forward. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. 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. Of note, we may request feedback or clarification from some Claimants in the next few weeks. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. Our proposed Case Management Order is carefully tailored to this unprecedented case. For most people, it will take less than one hour to complete the Declaration. In addition, you can use the continuation sheet of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as depression or anxiety), and medication prescribed as a result of the NRP. Additional Continuation Sheets and Witness Statement forms are available by clicking here. There may be better options that would work in your benefit. You have come too far in the process to quit now. We have recently received a final decision from the EEOC regarding our appeal. Please continue to monitor this website for updates. If you have any additional documents, please make sure to include them with the completed Declaration. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. 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. 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. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. As you know, the EEOC has already entered a strong finding of discrimination against the Class as a whole, and we want to ensure that the claims process provides every Class Member a fair and reasonable opportunity to obtain all relief to which they are entitled under law, as efficiently as possible. 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. Detailed instructions on completing the Declaration form are available by clicking here. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. 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. Salomon v Salomon - Case Summary - LawTeacher.net 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).
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