However, the employee must file the claim for damages by April 12, 2018. . 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. 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). 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. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. (585) 272-0540 (tel)
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. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Please continue to monitor the website for further updates. Here is a copy of the Order. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. 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. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. NRP Class Action Lawsuit Updates (February - May 2022) View the law firm's profile for reviews, office locations, and contact information. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. If applicable to you, here are some possible short statements that can help explain what happened: A copy of Class Counsel's motion is available by clicking here. 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. Please continue to check this website for updates. We are very grateful for the Judges willingness to discuss the possibility of settlement. No. My Supervisors or co-workers called me lazy due to my restrictions. We cannot predict how long this process will take. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. 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. EEOC finds USPS practiced disability discrimination . We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. If you have any additional documents, please make sure to include them with the completed Declaration. 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. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. Legal Case Summary. 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. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. 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 questions about the NRP class action claims process, please review this FAQ section. Please continue to check the website for updates. As always, we greatly appreciate your patience during this process. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. Home | NRP Class Action Victory in Usps Nrp Class Action: Claims for Money Awards Due Now This is a good development, but a lengthy fight remains in order to obtain a just and fair result. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. 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. There is no need at this time to send a copy of the Pittman claim form to our offices. 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. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. Without your patience and persistence, the Postal Service would have won without a fight. Unfortunately, some of our clients in this case have passed away. We recommend that you retain the claim form documents for your records. Therefore, these activity files should already be in the possession of Phase I Class Counsel. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. Go ahead and read through the instructions we provided and do the best that you can. 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. A lengthy status conference was held with the Administrative Judge on May 13, 2019. 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. 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. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files Unfortunately, the Postal Service continues to dispute every single claim. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Click here for a copy of the notice of appeal filed on July 12, 2018. 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. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. Whether you get any money and how much is determined by the EEOCs decision on your claim. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. Accordingly, it is a good idea to proceed cautiously. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Today we had another video conference call with the Administrative Judge. There is no action needed at this time on your individual claim. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. The judge stressed that the EEOC is actively weighing different ways to move the process forward. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. 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. Just do the best that you can with any information that you know. There is still time to retain us. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. While GODADDY.COM LLC was its first registrar, . whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . Our law offices have also been impacted by the Covid-19 situation. The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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 recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. The Judge expressed a hope that she could begin to review individual claims in late July or August. You have come too far in the process to quit now. Free shipping for many products! While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. The Postal Service has sent forms to be completed by some claimants. 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. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. My Manager told me that I might be sent to work for Walmart or another company. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or You can always reject any offer that is made to you by the Postal Service in the future. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. 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. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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. We will provide an update as soon as further news is available. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. US Postal Services Settles Discrimination Class Action for $17.3M We have recently received a final decision from the EEOC regarding our appeal. For most people, it will take less than one hour to complete the Declaration. As you will see, our proposal addresses both fairness and efficiency. We will provide you with written instructions on what to include to support your claim. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. 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. 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! 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. 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. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. *
The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. Our submission may be viewed here. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy. 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. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. We wish all of you a joyous holiday season. Salomon v A Salomon & Co Ltd - Wikipedia 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. Postal Service who have been subjected to [] As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. The call was very lengthy, lasting almost three hours.
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). 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. NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. We strongly recommend that you do not opt out of this process. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. NRP Class Action Against USPS - THE NEWS JUNKIE DAILY - Facebook We do not yet have any estimate on the length of time that this process will take. 9. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. These forms are very short, and most clients will be able to complete these forms in five minutes or less. In the past few days, we have received a very large number of calls and emails related to this case. Nrpclassaction.com: Home | NRP Class Action US Postal Service censured for forcing out disabled staff You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. 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. Please continue to monitor our website for updates. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. 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. And please call or email us if you have questions. 7. 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. 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. In the near future, we will address frequently asked questions regarding the form and evidence on this website.
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