She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. No, there has been no settlement of this case. 520-2010-00280X; Agency No. We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. No, your 30% contingency fee is only on the value of relief that you receive. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. For an evaluation of your circumstances and legal options, reach us online here. Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. There is no action needed at this time on your individual claim. Let us help you to fight for your rights. 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. Postal Service, EEOC Case No. We believe the Postal Service must be held accountable for the consequences of its discrimination. March 4, 2022 - Status Update - Status Conference - NRP Class Action We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. 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. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. You should mark the boxes for every statement that applies to your situation. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Salomon v Salomon - Case Summary - LawTeacher.net Yes, we will include any documents you have provided to our office. 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). The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. 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. Many class members who submitted claims for individual relief have received response letters from the Postal Service. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. No new date has been scheduled, but please continue to check the website for updates. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or 3. We hope the EEOC will act quickly to restore order to this process. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. 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. We do not yet have any estimate on the length of time that this process will take. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. 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. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. A contingency fee is only paid if we obtain a recovery for you. As previously reported, we have filed an extension request with the Judge. 5. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Do you need to file an individual appeal from the FAD? The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. 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. We will promptly pursue this issue through the appropriate process. EEOC class action ruling re USPS Injured on the Job Employees 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. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. This proposal is consistent with many other successful class actions. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. 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. 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. 2. 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. Yes. EEOC finds USPS practiced disability discrimination Name * First Last . Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. 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? 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. We will provide you with written instructions on what to include to support your claim. Please continue to monitor this website for further updates. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. Just do the best that you can with any information that you know. 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. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. There will be a Spanish translation of the recording also available at the same number. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. Appeal pending. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. As you know, the EEOC has already entered a strong finding of discrimination against the Class as a whole, and we want to ensure that the claims process provides every Class Member a fair and reasonable opportunity to obtain all relief to which they are entitled under law, as efficiently as possible. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. 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. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. 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 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 Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. 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. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. 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. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. 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. 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. My Supervisors or co-workers called me lazy due to my restrictions. 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. Accordingly, it is a good idea to proceed cautiously. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. 4. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. 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. 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. Please do not give up on your claims for relief! 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. NRP Class Action is being handled by Thomas & Solomon LLP. 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. I was told that I would be sent to work for Walmart; or We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. The Administrative Judge has asked our offices to provide any evidence that claims were timely. 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. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. Current status of the NRP class action case - Postal Times (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). We greatly appreciate your patience during this process. We will promptly provide an update on this website as soon as that information is available. You may want to include specific examples of statements that were made to you on your Continuation sheet. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files The recording will be available 24 hours a day (7 days a week) until April 9, 2021. Your claim in this case is a personal asset. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. We will represent you before an EEOC administrative judge. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. 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. 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. Without your patience and persistence, the Postal Service would have won without a fight. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. Free shipping for many products! Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. We are responding to each call and email in the order received. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. These forms are very short, and most clients will be able to complete these forms in five minutes or less. 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. In the case of Sandra McConnell, et al. My Supervisors or co-workers called me lazy due to my restrictions. 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. We can send you out a retainer letter that must be signed and returned to our office. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. 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. Thank you for your prompt attention to this important task! The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. NRP Class Action Lawsuit Updates (February - May 2022) 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. Attorney website: www.nrpclassaction.com Attorney phone #s: 585 272 0540 or toll free 877 272 4066 The 30 day window to file a written claim (measured from the date a class member receives notice from the Postal Service) provides a short time period. 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 McConnell Case (NRP Class Action) | Injured Federal Worker Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 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. A significant amount of legal work remains to be accomplished as we press forward on every front. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member's claim for relief. The NRP has been rolled out in most USPS districts across the nation. The Administrative Judge has not yet announced the process or timeline for reviewing claims. Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks. Ms. We have notched many milestone successes in this case since 2006. You should mail this letter to: USPS - NELU We will provide an update as soon as a decision is issued regarding our motion for sanctions. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. 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. Summary: The requirements of correctly constituting a limited company. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. A lengthy status conference was held with the Administrative Judge on May 13, 2019. If you did either of those two things, then there is no need to fill out another retainer agreement. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. NRP Class Action Victory - Class Member Claims DUE NOW Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. Thank you for your cooperation and patience through this lengthy process. NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. We will provide an update to the website as soon as the Judge issues a decision. While GODADDY.COM LLC was its first registrar, . That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. The next status conference is set for January 24, 2020. If you receive a request for information from us, please reply as soon as possible. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. In the past few weeks, we received a very large number of calls and emails related to this case. 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.
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