While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. 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. We hope the EEOC will act quickly to restore order to this process. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. 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. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. However, settlement is not possible in every case. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. There may be better options that would work in your benefit. 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. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. My Supervisors or co-workers called me lazy due to my restrictions. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. 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. Additional Continuation Sheets and Witness Statement forms are available by clicking here. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. We will provide you with written instructions on what to include to support your claim. (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. If you have not yet received a call back, you may try to call us again, and you may be able to get through. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. 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. A significant amount of legal work remains to be accomplished as we press forward on every front. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. Postal Service, EEOC Case No. However, before you turn down any relief, you should speak with Class Counsel to explore your options. 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. Denver, CO 80202. Postal Service who have been subjected to [] At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. 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. To the best of our knowledge, the EEOC has never created a website devoted to a single case. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. Our goal is to get this matter resolved in a fair way as quickly as possible. The Judge expressed a hope that she could begin to review individual claims in late July or August. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. This is a big victory for all claimants, and a giant step toward conclusion of this process. Again, there is no need for you to take any action at this time regarding the possibility of settlement. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). Our offices will be in touch with you when you need to take additional steps. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. 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. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Our team is standing by! If you retain us, your total contingency fee payment will be 30%. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. My Supervisor complained about my limitations. NRP Class Action is being handled by Thomas & Solomon LLP. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. Please Contact Us if you have any questions, comments or if you need information. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. We will provide updated information regarding the process on this website. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. No. Our suggested claim form is easy to complete. 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. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. We are responding to each call and email in the order received. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. You can send a letter that states "I request a copy of my Claim Form from the Pittman class action," and provide your mailing address. See below for more information. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. 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. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. 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. 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 class members estate (or surviving relative) can submit a claim form on behalf of the class member. Our attorneys continue to work on this case, and we are in regular contact with the Judge. 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.. My Manager told me that I might be sent to work for Walmart or another company. Thank you for all of your patience. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. As always, we greatly appreciate your patience during this process. 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. 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. 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. As your attorneys, we agree with the Judges negative view of the opt-out process. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. 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. Thank you. Click here to see the latest news on the case. 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. The Order 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 then Claimants have 20 days to submit their legal brief and evidence. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. 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. Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. Please continue to monitor the website for further updates. The Administrative Judge has asked our offices to provide any evidence that claims were timely. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. You can always reject any offer that is made to you by the Postal Service in the future. We continue to take every action we can to ensure that this process moves forward as quickly as possible. You do not need to send us documents that you already sent us. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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. The EEOC Administrative Judge held a status conference on November 19, 2019. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. Name * First Last . If you have already done so, thank you! In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. 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. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. There is no need for you to take any action at this time regarding the possibility of settlement. We are continuing the process of organizing this information as fast as possible. We believe the Postal Service must be held accountable for the consequences of its discrimination. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Thank you for your continued patience! USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. 520-2008-00053X.
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thomas and solomon nrp class action