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v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Thomas & Solomon - Employment Attorneys Rochester NY Our offices also agreed to provide some additional information that should assist the process which was obtained from the Postal Service during the course of the litigation and should provide the EEOC Judge with much of the requested information. In addition, you can use the continuation sheet of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as depression or anxiety), and medication prescribed as a result of the NRP. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. 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. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. USPS continues its stubborn opposition to providing money relief to claimants. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. The next status conference is set for January 24, 2020. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Thank you for your cooperation and patience through this lengthy process. The next status conference is scheduled for October 31, 2022 at 11:00 am. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Our offices will be in touch with you when you need to take additional steps. 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. 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, we reported that there had been some confusing information provided by the EEOCs administrator. 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. 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. Welcome to the USPS Class Action Claim Website. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. It depends. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. (Our firms did not seek any such extension.) In any event, please rest assured that we will return all messages. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Please continue to monitor the website for further updates. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. 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. 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. You should mail this letter to: USPS - NELU 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. There is still time to retain us. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Again, there is no need for you to take any action at this time regarding the possibility of settlement. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. Solomon Northup and Twelve Years a Slave: Analyzing . 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. The Postal Service is disrupting the process by issuing premature FADs. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. The call was very lengthy, lasting almost three hours. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. She also indicated that the EEOC intends to send a notice out of such website. Thank you for your prompt attention to this important task! Yes. 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.. There is not a magic number for how much information should be submitted. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". The judge stressed that the EEOC is actively weighing different ways to move the process forward. The comprehensive spreadsheet must be filed by July 18, 2022. On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive. To the best of our knowledge, the EEOC has never created a website devoted to a single case. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. 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. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! The . Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. A copy of the Case Management Order is available by clicking here. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. 8. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. We are continuing the process of organizing this information as fast as possible. $24.99. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. PDF UNITED STATES OF AMERICA - NRP Class Action 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. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. We wish all of you a joyous holiday season. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. We hope you and your loved ones are safe during these difficult times. Please check this website frequently for updates. 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. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. Recently many claimants have been asking about the timeline as to when claims will be evaluated. And please call or email us if you have questions. We will post status updates on the claims process on this website. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. We will represent you before an EEOC administrative judge. Salomon v A Salomon & Co Ltd - Wikipedia She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. When the EEOC notice is issued, we will post a copy of it on this website. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. 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. 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. 10. The Judge has indicated a desire to resolve this issue promptly, if possible. U.S. 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 will provide an update as soon as further news is available. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. 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. You are also allowed to use your own paper. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. Activity 1. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. 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. Thank you again for your cooperation and patience. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. 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)? While GODADDY.COM LLC was its first registrar, . Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. There will be a Spanish translation of the recording also available at the same number. The McConnell Case (NRP Class Action) | Injured Federal Worker My Supervisors or co-workers called me lazy due to my restrictions. 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. Our law offices have also been impacted by the Covid-19 situation. 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. No. Also, please note that not every client is being sent these forms at this time. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. We will promptly provide an update on this website as soon as that information is available. As a reminder, the EEOC has not issued any decisions on any of the claims. 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. Free shipping for many products! 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 will also need to fill out the Declaration. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Detailed instructions on completing the Declaration form are available by clicking here. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. Postal Service, EEOC Case No. 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. 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. 693 East Avenue 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. The NRP has been rolled out in most USPS districts across the nation. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. 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. 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! If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. Please continue to monitor this website over the upcoming weeks for additional important information. Please do not give up on your claims for relief! The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon 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. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. 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. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. 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. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. 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. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened: They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. 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. 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. We will continue to provide updates on this website as notable developments occur. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. 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. 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.