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. If you receive a request from us for additional information, we urge you to respond as soon as possible. The EEOC has never been faced with a claimant class this large. We have recently received a final decision from the EEOC regarding our appeal. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. And please call or email us if you have questions. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. Summary: The requirements of correctly constituting a limited company. 2. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. 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. 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. Welcome to the USPS Class Action Claim Website. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security. 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. If you have questions about the NRP class action claims process, please review this FAQ section. Many class members who submitted claims for individual relief have received response letters from the Postal Service. 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 Postal Service is disrupting the process by issuing premature FADs. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. Here are 10 things for every claimant to know RIGHT NOW: 1. We continue to take every action we can to ensure that this process moves forward as quickly as possible. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. As a reminder, the EEOC has not issued any decisions on any of the claims. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. You should include specific names of people that harassed you, and approximate dates to the best you can. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. My Supervisors or co-workers called me lazy due to my restrictions. Thank you for your continued patience! The class members estate (or surviving relative) can submit a claim form on behalf of the class member. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. You are also allowed to use your own paper. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. For an evaluation of your circumstances and legal options, reach us online here. 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. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Please continue to check the website for updates. $24.99. 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). Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. The Judge has indicated a desire to resolve this issue promptly, if possible. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. 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. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. 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. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. You do not need to send us documents that you already sent us. These forms are very short, and most clients will be able to complete these forms in five minutes or less. No new date has been scheduled, but please continue to check the website for updates. Thanks as always for your ongoing patience, and your assistance in this case. Please continue to monitor this website for any updates. In the near future, we will address frequently asked questions regarding the form and evidence on this website. The next status conference is November 28, 2022. 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. If you receive a request for information from us, please reply as soon as possible. Unfortunately, the Postal Service continues to dispute every single claim. Please check this website frequently for updates. Ms. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Please call us if you have any questions about this. Our goal is to get this matter resolved in a fair way as quickly as possible. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. A contingency fee is only paid if we obtain a recovery for you. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Thank you for your cooperation and patience through this lengthy process. We greatly appreciate your patience during this process. However, settlement is not possible in every case. 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. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. In that case a final decision has been rendered in favor of the injured workers. We can send you out a retainer letter that must be signed and returned to our office. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Again, do the best you can with the information you know. Thank you for all of your patience. US Postal Services Settles Discrimination Class Action for $17.3M According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. We will post status updates on the claims process on this website. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. 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. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) 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. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. 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. Show the Postal Service that discrimination has consequences please submit a timely claim! USPS NRP Class Action Lawsuit Settlement - Juris Laws A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. Free shipping for many products! We will promptly pursue this issue through the appropriate process. The Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. 7. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. NRP Class Action Victory - Class Member Claims DUE NOW Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. 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. 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. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. Click here to see the latest news on the case. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. EEOC class action ruling re USPS Injured on the Job Employees As your attorneys, we agree with the Judges negative view of the opt-out process. 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. The Order does not accept the plan proposed by Class Counsel. If you receive nothing as a result of your claim, you would owe us nothing. 5. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. 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. 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. Posted in Federal Worker Compensation, General, Postal Workers. We will continue to keep you posted on all major developments in the case. Whether you get any money and how much is determined by the EEOCs decision on your claim. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. First, please know that we will continue fighting to get you the best possible award. To the extent Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. 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. See below for more information. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. We recommend that you retain the claim form documents for your records. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. Thanks to all who have returned Declarations to us. We organized and submitted all available documentation in accordance with the Case Management Order. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. It is also ok to provide a persons position title if you dont remember a persons name. 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. 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. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Rochester NY, 14607 The McConnell Case (NRP Class Action) | Injured Federal Worker 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. 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. No. * ATTORNEY ADVERTISING * 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. Again, there is no need for you to take any action at this time regarding the possibility of settlement. We do not yet know what will be on the EEOC website, or when this will all happen. 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. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. 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. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Yes, the Postal Service should have provided us the NRP file for each person. In the past few weeks, we received a very large number of calls and emails related to this case. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. However, attorneys and staff are working remotely, and we are monitoring our voicemail. You should mark the boxes for every statement that applies to your situation. No, there has been no settlement of this case. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. You should complete, sign and return the Declaration form to our offices as soon as possible. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. U. S. Postal Service National Reassessment Process ("NRP") is found to The comprehensive spreadsheet must be filed by July 18, 2022. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. NRP Class Action Lawsuit Update - December, 2020 We will post an update to this webpage as soon as a ruling is issued on this Motion. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. We will be in touch in the coming weeks if we need anything additional from you. 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. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. 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)? 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. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP 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. NRP Class Action Lawsuit Updates (February - May 2022) However, medical information can help support your claim for damages. Our proposal recognizes the limits on the EEOCs case-processing capacity, as well as the Postal Services unyielding opposition to fair resolution of your claims. When the EEOC notice is issued, we will post a copy of it on this website. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. EUC! 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. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. The next status conference is scheduled for October 31, 2022 at 11:00 am. 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. Just do the best that you can with any information that you know. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. There is still time to retain us. 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. My Manager told me that I had no other option but to retire; or The Administrative Judge has not yet announced the process or timeline for reviewing claims. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com.

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