On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. 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? You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. We thank you all for your continued patience with this process. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. 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. Some 41,000 past and. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. No, there has been no settlement of this case. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. We will provide an update after the status conference. Please do not give up on your claims for relief! You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Order does not accept the plan proposed by Class Counsel. Click here to see the latest news on the case. 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. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. 600 17th Street, Suite 1705-S A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. We will post an update to this webpage as soon as a ruling is issued on this Motion. 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 types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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. 4. No new date has been scheduled, but please continue to check the website for updates. 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. USPS continues its stubborn opposition to providing money relief to claimants. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. There is no need at this time to send a copy of the Pittman claim form to our offices. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. My Manager told me that I might be sent to work for Walmart or another company. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. View the law firm's profile for reviews, office locations, and contact information. We strongly recommend that you do not opt out of this process. A lengthy status conference was held with the Administrative Judge on May 13, 2019. 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! We continue to work with the judge to move this case forward toward a final resolution. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. This proposal is consistent with many other successful class actions. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. The Administrative Judge held another video status conference with us today, and shared some news about the EEOC's plans for moving this case forward. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Thank you for all of your patience. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. Just do the best that you can with any information that you know. The judge may wish for a live hearing to determine the proper award for your claim. Please continue to check our website for updates in the coming weeks. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. If you have any additional documents, please make sure to include them with the completed Declaration. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. If you have not yet received a call back, you may try to call us again, and you may be able to get through. Continued patience is therefore required. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. 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. Denver, CO 80202. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). Thank you for your continued patience! Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. Whether you get any money and how much is determined by the EEOCs decision on your claim. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. 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! For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Show the Postal Service that discrimination has consequences please submit a timely claim! Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. 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. Thank you. See below for more information. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. Your claim in this case is a personal asset. Thanks as always for your ongoing patience, and your assistance in this case. 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. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Find many great new & used options and get the best deals for Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach - Hit Toy at the best online prices at eBay! In the past few days, we have received a very large number of calls and emails related to this case. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. 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. Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC 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. We believe that this action by the Postal Service is improper. 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. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. The Judge expressed a hope that she could begin to review individual claims in late July or August. Over the next few weeks, we will be sending out new forms to many of our clients to complete. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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 * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. 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. 693 East Avenue Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. Please continue to monitor the website for updates. For most people, it will take less than one hour to complete the Declaration. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. 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. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). We are very grateful for the Judges willingness to discuss the possibility of settlement. Yes. The NRP has been rolled out in most USPS districts across the nation. 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. 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. 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. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. Such production took place over several months back in 2012 and 2013. As your attorneys, we agree with the Judges negative view of the opt-out process. 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 . Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. There may be better options that would work in your benefit. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. 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. 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. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. 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. Salomon v A Salomon and Co Ltd [1897] AC 22. As you may be aware, USPS disputed every claim submitted in this case. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. First, please know that we will continue fighting to get you the best possible award. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Thank you! 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. You do not need to send us documents that you already sent us. Of note, we may request feedback or clarification from some Claimants in the next few weeks. 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. 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. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients.