Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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.. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. As always, we greatly appreciate your patience during this process. Can I be reinstated to my USPS job now while this relief process is ongoing? Yes, the Postal Service should have provided us the NRP file for each person. However, the employee must file the claim for damages by April 12, 2018. . Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. The Order 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 then Claimants have 20 days to submit their legal brief and evidence. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. The best way to get guidance on your specific legal issue is to contact a lawyer. Therefore, these activity files should already be in the possession of Phase I Class Counsel. Our law offices have also been impacted by the Covid-19 situation. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. Please continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022. We continue to work with the judge to move this case forward toward a final resolution. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Thank you as always for your cooperation and support during the claim review process. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. 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. Summary: The requirements of correctly constituting a limited company. The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. 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 Judge now has submissions from both sides regarding relief for all Claimants. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or We respond promptly to inquiries. 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. Rochester NY, 14607 Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. We recommend emailing such letters to us at [email protected] or faxing us at 585-272-0574. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. One important issue was decided during the status conference. 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. Please note: we are using email to send these forms to our clients to the greatest extent possible. 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. 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. Posted in Federal Worker Compensation, General, Postal Workers. Our proposed Case Management Order is carefully tailored to this unprecedented case. Merely submitting the claim form does not endanger your disability or social security claims. Nevertheless, those survey responses might help give you a starting point! We recommend emailing such letters to us at [email protected] or faxing us at (585) 272-0574. Please check this website for an update after the Status Conference on March 4, 2022. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. 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. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. Detailed instructions on completing the Declaration form are available by clicking here. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. 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. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. If you did either of those two things, then there is no need to fill out another retainer agreement. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. 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. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. We will take all steps necessary to provide the Judge with timely submissions for all our clients. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. Our goal is to get this matter resolved in a fair way as quickly as possible. We believe that this action by the Postal Service is improper. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. Again, do the best you can with the information you know. Accordingly, it is a good idea to proceed cautiously. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at [email protected] or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. In that case a final decision has been rendered in favor of the injured workers. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. Welcome to the USPS Class Action Claim Website. (A copy of the Declaration form is available by clicking this link). 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. For most people, it will take less than one hour to complete the Declaration. Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. 4. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. We are very grateful for the Judges willingness to discuss the possibility of settlement. If you have any additional documents, please make sure to include them with the completed Declaration. Let us help you to fight for your rights. We will post an update on this website shortly after the Status Conference. 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. We have notched many milestone successes in this case since 2006. 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. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement. You can see the order by clicking here. 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. Please continue to check our website for updates. We cannot predict how long this process will take. Please continue to monitor the website for updates. And as always, please continue to monitor this website for any important updates. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Please continue to check our website for updates in the coming weeks. 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 [email protected]. If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. We recommend that you retain the claim form documents for your records. 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. 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 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. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at [email protected] or by telephone at 585-272-0540. 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. 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. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process. As you may be aware, USPS disputed every claim submitted in this case. At Thomas & Solomon LLP, we forcefully protect those rights. Our email address is [email protected] and our fax is 585-272-0574. Please continue to check this website for updates. There is not a magic number for how much information should be submitted. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at [email protected] or by telephone at 585-272-0540. 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 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. 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. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. 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. 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. I was told that I would be sent to work for Walmart; or Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. If you receive a request from us for additional information, we urge you to respond as soon as possible. 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. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. 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. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. 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. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. 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. * ATTORNEY ADVERTISING * 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. We will provide an update as soon as a decision is issued regarding our motion for sanctions. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, [email protected], [email protected]. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. Here is a copy of the Order. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. (585) 272-0540 (tel) We thank you all for your continued patience with this process. However, settlement is not possible in every case. $24.99. We can send you out a retainer letter that must be signed and returned to our office. We believe that the Administrative Judge's news from today means that we should see some real progress in 2023 toward a final result for your claim in this case. Activity 1. However, medical information can help support your claim for damages. We strongly recommend that you do not opt out of this process. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. EUC! 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. 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. Thank you. We will post status updates on the claims process on this website. The next status conference with the EEOC Judge is scheduled for August 2019. Introduction. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. NRP Class Action is being handled by Thomas & Solomon LLP. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. We wish all of you a joyous holiday season. We are continuing the process of organizing this information as fast as possible. 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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. The call was very lengthy, lasting almost three hours. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. A copy of the Case Management Order is available by clicking here. You may email our office at [email protected] or call us at 585-272-0540. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). This is a big victory for all claimants, and a giant step toward conclusion of this process. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. U.S. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. First, please know that we will continue fighting to get you the best possible award. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. * indicates required information 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. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. As explained by the Judge in the recent order: [T]he U.S. The best way to provide this information is to email us at [email protected]. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. We will provide an update to the website as soon as the Judge issues a decision. 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 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.. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. 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. 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. Please continue to monitor our website for updates. We will provide you with written instructions on what to include to support your claim. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. 0720080054. 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). Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. 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. Thanks to all who have returned Declarations to us. Without your patience and persistence, the Postal Service would have won without a fight.

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