We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. When the EEOC notice is issued, we will post a copy of it on this website. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. 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. And as always, please continue to monitor this website for any important updates. 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. 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. 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. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. 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. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and Detailed instructions on completing the Declaration form are available by clicking here. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date. Just do the best that you can with any information that you know. If you have not yet received a call back, you may try to call us again, and you may be able to get through. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. We will promptly pursue this issue through the appropriate process. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. We will provide updated information regarding the process on this website. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. We can send you out a retainer letter that must be signed and returned to our office. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. 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 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. We cannot predict how long this process will take. My Supervisor complained about my limitations. It is also ok to provide a persons position title if you dont remember a persons name. Thank you for your cooperation and patience through this lengthy process. 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. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. Please Note: Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Activity 1. You should receive a form in the mail by March 18, 2019. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. Please continue to monitor this website over the upcoming weeks for additional important information. 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). Update: McConnell vs USPS NRP EEOC Class Action Lawsuit We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. Please continue to monitor this website for further updates. We will continue to keep you posted on all major developments in 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. View the brief trailer from 12 Years a Slave (2013).. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com 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 In the past few days, we have received a very large number of calls and emails related to this case. If applicable to you, here are some possible short statements that can help explain what happened: We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. 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. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. The call was very lengthy, lasting almost three hours. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. We are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. 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. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. 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. There will be a Spanish translation of the recording also available at the same number. You may want to include specific examples of statements that were made to you on your Continuation sheet. We respond promptly to inquiries. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. Postal Service, EEOC Case No. 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. Ms. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. That work includes representing you in your individual claim through the entire EEOC 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. For better or worse, this case presents numerous potential impediments to wide-spread settlement. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. You can see the order by clicking here. We will promptly update this website as soon as we have news to report. There is not a magic number for how much information should be submitted. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. 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. 2. 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! Yes, the Postal Service should have provided us the NRP file for each person. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. If you receive a request for information from us, please reply as soon as possible. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. 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. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Our goal is to get this matter resolved in a fair way as quickly as possible. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. 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. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. The Judge partially granted our motion. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. Please continue to check this website for updates. Many class members who submitted claims for individual relief have received response letters from the Postal Service. One important issue was decided during the status conference. 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. Thomas & Friends TrackMaster "JAMES" Motorized Train Engine 2009 WORKS We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. Rochester NY, 14607 This has been a long and hard-fought battle against the Postal Service, but the end is in sight. 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 purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service.