Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. There is no need at this time to send a copy of the Pittman claim form to our offices. Yes, we will include any documents you have provided to our office. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. We wish all of you a joyous holiday season. Please check this website frequently for updates. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. We hope you and your loved ones are safe during these difficult times. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. 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. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. The Order also 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 that Class Member claimants are to submit their response briefs and evidence 20 days after that (although the Order notes that extensions to the deadlines may be permitted). The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. To schedule an employment law attorney consultation, please call or complete the intake form below. If you did either of those two things, then there is no need to fill out another retainer agreement. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 600 17th Street, Suite 1705-S Salomon v A Salomon and Co Ltd [1897] AC 22. We believe that this action by the Postal Service is improper. EEOC finds USPS practiced disability discrimination In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. NRP Class Action Update December 2020 - Postal Employee Network As your attorneys, we agree with the Judges negative view of the opt-out process. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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 have already hired our firms to represent you, we will be filing a legal brief in support of your claim. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. 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. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. 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. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or The main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. If you receive a request for information from us, please reply as soon as possible. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. 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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Many of you have asked about the next steps in the EEOC process. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. We will provide an update as soon as a decision is issued regarding our motion for sanctions. To see the Motion that was filed, CLICK HERE. Name * First Last . Please continue to monitor this website for status updates. 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. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. Please note that this does not directly relate to your claim in the NRP Class Action. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. Accordingly, it is a good idea to proceed cautiously. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. We will promptly pursue this issue through the appropriate process. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Thank you for your cooperation and patience through this lengthy process. 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. Thomas & Solomon LLP Yes, the Postal Service should have provided us the NRP file for each person. 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. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. 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. 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. 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. If applicable to you, here are some possible short statements that can help explain what happened: Thank you for all of your patience. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. The next status conference is November 28, 2022. Just do the best that you can with any information that you know. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. 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. Many class members who submitted claims for individual relief have received response letters from the Postal Service. On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. The judge stressed that the EEOC is actively weighing different ways to move the process forward. 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. 2. Thanks to all who have returned Declarations to us. 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. 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. 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. 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. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Our goal is to get this matter resolved in a fair way as quickly as possible. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". We cannot predict how long this process will take. We can send you out a retainer letter that must be signed and returned to our office. Thomas & Solomon - Employment Attorneys Rochester NY In order to access the recorded message, you will need to call a special phone number. Some 41,000 past and. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. The EEOC agreed with our position. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website.
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