After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. The Administrative Judge held another video status conference with us today, and shared some news about the EEOC's plans for moving this case forward. 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). Summary: The requirements of correctly constituting a limited company. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! 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. 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. 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. 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. At Thomas & Solomon LLP, we forcefully protect those rights. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on claims. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. 520-2010-00280X; Agency No. We will post an update to this webpage as soon as a ruling is issued on this Motion. Our proposed Case Management Order is carefully tailored to this unprecedented case. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. We will provide updated information regarding the process on this website. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. For better or worse, this case presents numerous potential impediments to wide-spread settlement. 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. Here is a copy of the Order. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. At the very latest, you must complete, sign and return the form to us by March 25, 2019. NRP Class Action is being handled by Thomas & Solomon LLP. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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 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. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. $24.99. 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. If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. We will promptly pursue this issue through the appropriate process. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC Also, please note that not every client is being sent these forms at this time. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. Our suggested claim form is easy to complete. No, your 30% contingency fee is only on the value of relief that you receive. 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. 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. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. For example, we reported that there had been some confusing information provided by the EEOCs administrator. This proposal is consistent with many other successful class actions. We organized and submitted all available documentation in accordance with the Case Management Order. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. 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. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com 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. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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 promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. The comprehensive spreadsheet must be filed by July 18, 2022. As a reminder, the EEOC website through the third-party administrator is not associated with our office. A copy of Class Counsel's motion is available by clicking here. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. We are very grateful for the Judges willingness to discuss the possibility of settlement. We will post status updates on the claims process on this website. 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. 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. The EEOC Administrative Judge held a status conference on November 19, 2019. 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. Accordingly, it is a good idea to proceed cautiously. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. As you will see, our proposal addresses both fairness and efficiency. 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. 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. Many class members who submitted claims for individual relief have received response letters from the Postal Service. Salomon v A Salomon & Co Ltd - Wikipedia A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. 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. If applicable to you, here are some possible short statements that can help explain what happened: 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. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. 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. Please continue to check this website for updates. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). At the status conference, USPS called more plays from this old playbook. 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. EUC! Merely submitting the claim form does not endanger your disability or social security claims. We recommend that you retain the claim form documents for your records. Please continue to monitor this website for any updates. 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. Rochester NY, 14607 If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. 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)? To the extent 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. We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. 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. We will continue to provide updates on this website as notable developments occur. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. 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. View the law firm's profile for reviews, office locations, and contact information. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit 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. 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. NRP Class Action Lawsuit Updates (February - May 2022) 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. Our attorneys continue to work on this case, and we are in regular contact with the Judge. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Thomas & Solomon 585-272-0540. nrp class action | PostalReporter.com We greatly appreciate your patience during this process. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. We continue to fight for justice for all of the claimants in this case. * ATTORNEY ADVERTISING * Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 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. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. If you have already done so, thank you! If you retain us, your total contingency fee payment will be 30%. Salomon v Salomon - Case Summary - LawTeacher.net Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. Go ahead and read through the instructions we provided and do the best that you can. Yes. Without your patience and persistence, the Postal Service would have won without a fight. 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. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. PDF UNITED STATES OF AMERICA - NRP Class Action 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. 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. Please Note: 2. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. For more information about the Pittman class action, please go to http://www.pittmanclass.com. USPS continues its stubborn opposition to providing money relief to claimants. 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. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. 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 are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. 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. The judge stressed that the EEOC is actively weighing different ways to move the process forward. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. There is not a magic number for how much information should be submitted. In the case of Sandra McConnell, et al. 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. You may want to include specific examples of statements that were made to you on your Continuation sheet. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. 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. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. You will also need to fill out the Declaration. 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.
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