No. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. 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. 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. Please note that this does not directly relate to your claim in the NRP Class Action. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. 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. Our offices will be in touch with you when you need to take additional steps. The value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP. We believe the Postal Service must be held accountable for the consequences of its discrimination. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 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. We continue to respond to each call and email in the order received. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. 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. Recently many claimants have been asking about the timeline as to when claims will be evaluated. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . Please Contact Us if you have any questions, comments or if you need information. If you have questions about the NRP class action claims process, please review this FAQ section. 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. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. The next status conference with the EEOC Judge is scheduled for August 2019. U.S. 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. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. 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. 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. Rochester NY, 14607 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. View the brief trailer from 12 Years a Slave (2013).. Our suggested claim form is easy to complete. 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. She also indicated that the EEOC intends to send a notice out of such website. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. The Postal Service has sent forms to be completed by some claimants. You are also allowed to use your own paper. An update will be provided following the May 12, 2022 status conference. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. USPS NRP Class Action Lawsuit Settlement - Juris Laws When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. At the very latest, you must complete, sign and return the form to us by March 25, 2019. 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. 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. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC The next status conference is scheduled for October 31, 2022 at 11:00 am. Postal Service, EEOC Case No. In the case of Sandra McConnell, et al. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. Thomas & Solomon 585-272-0540. It depends. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. 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. Salomon v Salomon - Case Summary - LawTeacher.net The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Please continue to monitor this website over the upcoming weeks for additional important information. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. Yes. There may be better options that would work in your benefit. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 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. However, medical information can help support your claim for damages. Thomas & Solomon LLP 4. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. (585) 272-0540 (tel) As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please continue to check our website for updates. Please continue to monitor the website for updates. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. We will take all steps necessary to provide the Judge with timely submissions for all our clients. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. We respond promptly to inquiries. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. In any event, please rest assured that we will return all messages. Salomon v A Salomon and Co Ltd [1897] AC 22. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. Our submission may be viewed here. Thank you for your prompt attention to this important task! 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. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. Go ahead and read through the instructions we provided and do the best that you can. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. 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 USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. As the Judge noted in her decision, the value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP.. 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. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. As your attorneys, we agree with the Judges negative view of the opt-out process. If you retain us, your total contingency fee payment will be 30%. To learn more about the case, please visit NRPclassaction.com. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. Thank you! 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). 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. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. My Supervisors or co-workers called me lazy due to my restrictions. 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. nrp class action | PostalReporter.com My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. 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. 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. The next status conference is November 28, 2022. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. A significant amount of legal work remains to be accomplished as we press forward on every front. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). For our clients, please provide your updated contact information to us. 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. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. 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. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. 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 you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. Other people used a different claim form, then filled out a written retainer agreement with our office. We organized and submitted all available documentation in accordance with the Case Management Order.