(If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. 693 East Avenue If you retain us, your total contingency fee payment will be 30%. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. Postal Service who have been subjected to [] We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Please continue to monitor our website for more updates in the coming weeks. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. At this time, the Administrative Judge has not yet made her selection of Special Masters. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. The Judge has indicated a desire to resolve this issue promptly, if possible. We are very grateful for the Judges willingness to discuss the possibility of settlement. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. 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. 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. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. The claims process is still moving forward. 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. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. We will continue to keep you posted on all major developments in the case. For more information about the Pittman class action, please go to http://www.pittmanclass.com. 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 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. 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. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and Thank you. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. The call was fairly brief. We continue to respond to each call and email in the order received. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. Merely submitting the claim form does not endanger your disability or social security claims. As previously reported, we have filed an extension request with the Judge. 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 7. 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. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. That work includes representing you in your individual claim through the entire EEOC claims process. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. To the extent Please continue to check this website for updates. Again, if you have not yet provided us with a Disability Form (Supplemental Declaration Regarding Disability), you must provide that form to us right away so that it can be filed with the Judge by March 31. EUC! To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Please continue to check the website for updates. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. 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. 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. Please Contact Us if you have any questions, comments or if you need information. Appeal pending. Accordingly, it is a good idea to proceed cautiously. There is no action needed at this time on your individual claim. You can send a letter that states "I request a copy of my Claim Form from the Pittman class action," and provide your mailing address. . The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. 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. As your attorneys, we agree with the Judges negative view of the opt-out process. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. No. * indicates required information Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. Solomon Northup and Twelve Years a Slave: Analyzing . RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. A significant amount of legal work remains to be accomplished as we press forward on every front. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. In order to access the recorded message, you will need to call a special phone number. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. While GODADDY.COM LLC was its first registrar, . 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. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019. 2. 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. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. 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. 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. There will be a Spanish translation of the recording also available at the same number. 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. When the EEOC notice is issued, we will post a copy of it on this website. A copy of the Case Management Order is available by clicking here. My Manager told me that I might be sent to work for Walmart or another company. Over the next few weeks, we will be sending out new forms to many of our clients to complete. The Administrative Judge has asked our offices to provide any evidence that claims were timely. Prior to the conference, the EEOC began analyzing the data at an overview level, and was prepared with a series of questions for both sides about the submitted data. Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). Continued patience is therefore required. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate date. USPS continues its stubborn opposition to providing money relief to claimants. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. She also indicated that the EEOC intends to send a notice out of such website. In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. 3. As a reminder, the EEOC has not issued any decisions on any of the claims. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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. Please know that we are fighting for you, just as we have done for over 10 years. 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. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. There is still time to retain us. 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 has been a long and hard-fought battle against the Postal Service, but the end is in sight. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. 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. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. For an evaluation of your circumstances and legal options, reach us online here. So I understood that I had no option but to retire; or We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. Again, do the best you can with the information you know. 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)? 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 NRPClassAction@theemploymentattorneys.com . 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. 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. For most people, it will take less than one hour to complete the Declaration. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. 600 17th Street, Suite 1705-S 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. Yes. 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. 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. Summary: The requirements of correctly constituting a limited company. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. Free shipping. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. 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. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. The next status conference is November 28, 2022. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. Postal Service by employees with disabilities. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. (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.) You do not need to send us documents that you already sent us. 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 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). On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! 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. Please continue to monitor the website for updates. We have recently received a final decision from the EEOC regarding our appeal. 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. 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. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. 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. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. 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. For our clients, please provide your updated contact information to us. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540.