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. At the end of todays status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. We do not yet know what will be on the EEOC website, or when this will all happen. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. 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. 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. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. 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. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. 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. We greatly appreciate your patience during this process. 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. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. So I understood that I had no option but to retire; or You may want to include specific examples of statements that were made to you on your Continuation sheet. As always, please continue to monitor this website for any updates. 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. 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 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. Thank you. $24.99. A significant amount of legal work remains to be accomplished as we press forward on every front. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order 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. 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. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. Thank you for all of your patience. The claims process is still moving forward. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. If you receive nothing as a result of your claim, you would owe us nothing. In the case of Sandra McConnell, et al. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. You should complete, sign and return the Declaration form to our offices as soon as possible. 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 agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. There is not a magic number for how much information should be submitted. We continue to take every action we can to ensure that this process moves forward as quickly as possible. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. A copy of Class Counsel's motion is available by clicking here. We are responding to each call and email in the order received. It is also ok to provide a persons position title if you dont remember a persons name. The next status conference is November 28, 2022. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Please continue to monitor the website for updates. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. As your attorneys, we agree with the Judges negative view of the opt-out process. You can access the Declaration (with instructions) 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. 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. 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. No. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Please continue to monitor this website for status updates. To learn more about the case, please visit NRPclassaction.com. 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. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Please Contact Us if you have any questions, comments or if you need information. 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. 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. Please call us if you have any questions about this. We will continue to keep you posted on all major developments in the case. 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. My Supervisor complained about my limitations. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. The call was very lengthy, lasting almost three hours. 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 cannot predict how long this process will take. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. However, settlement is not possible in every case. 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. Please check this website for an update after the Status Conference on March 4, 2022. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. We continue to respond to each call and email in the order received. 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. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! Whether you get any money and how much is determined by the EEOCs decision on your claim. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. (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.) Our team is standing by! An update will be provided following the May 12, 2022 status conference. We will take all steps necessary to provide the Judge with timely submissions for all our clients. However, before you turn down any relief, you should speak with Class Counsel to explore your options. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. We will post status updates on the claims process on this website. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. 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. Postal Service, EEOC Case No. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. Please note that this does not directly relate to your claim in the NRP Class Action. 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. Please continue to check our website for updates. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. Please check this website frequently for updates. Thomas & Solomon LLP
As you will see, our proposal addresses both fairness and efficiency. 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. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. (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. Unfortunately, the Postal Service continues to dispute every single claim. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. 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 EEOC Judge now has submissions from both sides regarding relief for all Claimants. Yes. We continue to fight for justice for all of the claimants in this case. The Postal Service is disrupting the process by issuing premature FADs. Without your patience and persistence, the Postal Service would have won without a fight. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. 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. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or
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