The EEOC Judge now has submissions from both sides regarding relief for all Claimants. 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. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. However, settlement is not possible in every case. Please note: we are using email to send these forms to our clients to the greatest extent possible. To learn more about the case, please visit NRPclassaction.com. 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. 8. 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. 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. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date. 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)? If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. Our proposal recognizes the limits on the EEOCs case-processing capacity, as well as the Postal Services unyielding opposition to fair resolution of your claims. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. 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 recommend that you do not opt out of this process. 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. Such production took place over several months back in 2012 and 2013. 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. 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. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. We wish all of you a joyous holiday season. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. Please continue to monitor our website for more updates in the coming weeks. Welcome to the USPS Class Action Claim Website. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. 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 greatly appreciate the Judges efforts. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. Thank you as always for your cooperation and support during the claim review process. However, medical information can help support your claim for damages. USPS continues its stubborn opposition to providing money relief to claimants. Please continue to monitor this website for updates. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. 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. Thank you for your continued patience! Please note that this does not directly relate to your claim in the NRP Class Action. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Click here for a copy of the notice of appeal filed on July 12, 2018. (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.) We continue to fight for justice for all of the claimants in this case. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. Let us help you to fight for your rights. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Detailed instructions on completing the Declaration form are available by clicking here. 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. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Do you need to file an individual appeal from the FAD? To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. The EEOC has never been faced with a claimant class this large. Thank you for your prompt attention to this important task! Without your patience and persistence, the Postal Service would have won without a fight. The Postal Service has sent forms to be completed by some claimants. We will be in touch in the coming weeks if we need anything additional from you. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. 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. That work includes representing you in your individual claim through the entire EEOC claims process. In that case a final decision has been rendered in favor of the injured workers. Please continue to check this website for updates. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. 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. Please continue to check our website for updates in the coming weeks. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. We recommend that you retain the claim form documents for your records. If you have any updated contact information and have not yet provided it to our office, please call us at 585-272-0540 or email us at NRPClassAction@theemploymentattorneys.com . Until we know if our motion has been granted, you should proceed as though the Declaration should be returned to our office by March 25, 2019. The next status conference is set for January 24, 2020. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. It is also ok to provide a persons position title if you dont remember a persons name. 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. Recently many claimants have been asking about the timeline as to when claims will be evaluated. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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 Class Counsel's motion is available by clicking here. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. A lengthy status conference was held with the Administrative Judge on May 13, 2019. 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. To schedule an employment law attorney consultation, please call or complete the intake form below. Go ahead and read through the instructions we provided and do the best that you can. 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. We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. 6. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. Your claim in this case is a personal asset. You can see the order by clicking here. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. In the case of Sandra McConnell, et al. 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. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. Denver, CO 80202. We will provide an update to the website as soon as the Judge issues a decision. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. The next status conference with the EEOC Judge is scheduled for August 2019. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Please do not give up on your claims for relief! Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. 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. *
As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 4. The call was fairly brief. For most people, it will take less than one hour to complete the Declaration. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. My Supervisor complained about my limitations. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. * indicates required information We continue to take every action possible to help the Judge move this process forward. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. Legal Case Summary. Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. We have notched many milestone successes in this case since 2006. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. 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. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. Postal Service, EEOC Case No. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. 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. As your attorneys, we agree with the Judges negative view of the opt-out process. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it.
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 continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. Summary: The requirements of correctly constituting a limited company. The comprehensive spreadsheet must be filed by July 18, 2022. We will represent you before an EEOC administrative judge. 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. Thank you again for your cooperation and patience. 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. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. As always, we greatly appreciate your support and patience throughout this process. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. The Judge went on to explain that although claimants themselves can seek a FAD and thus leave this case, the Judge also said it is: unclear why any claimant would opt out of the class and seek a FAD. Yes. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. The . 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. 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. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). The next status conference is November 28, 2022. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. Accordingly, it is a good idea to proceed cautiously. Unfortunately, some of our clients in this case have passed away. 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. 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. At the status conference, USPS called more plays from this old playbook. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. Thank you! Please continue to check our website for updates. 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! Thanks as always for your ongoing patience, and your assistance in this case. 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. 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. 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. 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. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. As you may be aware, USPS disputed every claim submitted in this case. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. 7. Please check this website frequently for updates. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service.