If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. Additional Continuation Sheets and Witness Statement forms are available by clicking here. The Declaration form contains information that the EEOC Judge has requested for each claimant. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. 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. The conference lasted a little over two hours. One important issue was decided during the status conference. View the brief trailer from 12 Years a Slave (2013).. NRP Class Action Against USPS - THE NEWS JUNKIE DAILY - Facebook In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. So I understood that I had no option but to retire; or We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. Many of you have asked about the next steps in the EEOC process. However, attorneys and staff are working remotely, and we are monitoring our voicemail. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. 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. During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. Thomas & Solomon LLP 2. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. As explained by the Judge in the recent order: [T]he U.S. 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). Our attorneys continue to work on this case, and we are in regular contact with the Judge. 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. A significant amount of legal work remains to be accomplished as we press forward on every front. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or 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. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. The Postal Service is disrupting the process by issuing premature FADs. 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. We are responding to each call and email in the order received. Also, please note that not every client is being sent these forms at this time. 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. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. There is no need at this time to send a copy of the Pittman claim form to our offices. 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. As always, we greatly appreciate your patience during this process. Our goal is to get this matter resolved in a fair way as quickly as possible. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). 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. Please continue to monitor this website for status updates. 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. For most people, it will take less than one hour to complete the Declaration. Please continue to monitor this website for further updates. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Thanks as always for your ongoing patience, and your assistance in this case. 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. Please do not give up on your claims for relief! 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 all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. 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. The name of the case is McConnell v. U.S. We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. EUC! 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. Please continue to check our website for updates. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. (Our firms did not seek any such extension.) Please check this website frequently for updates. Solomon Northup and Twelve Years a Slave: Analyzing . 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. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. 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. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. 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. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. You should mark the boxes for every statement that applies to your situation. However, the employee must file the claim for damages by April 12, 2018. . 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. Please Contact Us if you have any questions, comments or if you need information. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. 10. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. 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. US Postal Services Settles Discrimination Class Action for $17.3M Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). Do you need to file an individual appeal from the FAD? The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. No. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. We will provide updated information regarding the process on this website. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. 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. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. We will provide an update to the website as soon as the Judge issues a decision. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. In the near future, we will address frequently asked questions regarding the form and evidence on this website. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. 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. 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. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. This proposal is consistent with many other successful class actions. 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. 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. If you did either of those two things, then there is no need to fill out another retainer agreement. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. 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. (585) 272-0540 (tel) Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. 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. 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. 3. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. Such production took place over several months back in 2012 and 2013. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. 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. You should receive a form in the mail by March 18, 2019. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. In that case a final decision has been rendered in favor of the injured workers. 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. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. Let us help you to fight for your rights. We thank you all for your continued patience with this process. We greatly appreciate your patience during this process. There is still time to retain us. Thank you for your continued patience! Salomon v A Salomon & Co Ltd - Wikipedia If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. As previously reported, we have filed an extension request with the Judge. 520-2010-00280X; Agency No. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Yes, we will include any documents you have provided to our office. This is a big victory for all claimants, and a giant step toward conclusion of this process. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Please check this website for updates. For our clients, please provide your updated contact information to us. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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). Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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). 4B-140-0062-06. 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. 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. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. And as always, please continue to monitor this website for any important updates. Thank you for your support, assistance, and patience throughout this claims process. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. The NRP has been rolled out in most USPS districts across the nation. Activity 1. As you will see, our proposal addresses both fairness and efficiency. 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. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. A lengthy status conference was held with the Administrative Judge on May 13, 2019. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. 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. Postal Service by employees with disabilities. Introduction. If you receive nothing as a result of your claim, you would owe us nothing. 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 most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. We have not spoken with USPS attorneys about settlement of any claims. View the law firm's profile for reviews, office locations, and contact information. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. We strongly recommend that you do not opt out of this process. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. At the very latest, you must complete, sign and return the form to us by March 25, 2019. No, there has been no settlement of this case. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. We organized and submitted all available documentation in accordance with the Case Management Order. * The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. Merely submitting the claim form does not endanger your disability or social security claims. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP However, settlement is not possible in every case. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. For better or worse, this case presents numerous potential impediments to wide-spread settlement. 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. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. Postal Service, EEOC Case No. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. 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. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. This decision by EEOC-OFO means that the case remains fully before the EEOC Administrative Judge, and that she can use her discretion to find an appropriate method to have the claims reviewed and decided. Can I be reinstated to my USPS job now while this relief process is ongoing? If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. So I understood that I had no option but to retire; or, I was told that I would be sent to work for Walmart; or, They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or, They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. We will post an update to this webpage as soon as a ruling is issued on this Motion. 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. Accordingly, it is a good idea to proceed cautiously. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Salomon v Salomon - Case Summary - LawTeacher.net Thank you as always for your cooperation and support during the claim review process. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. As always, please continue to monitor this website for any updates. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. Thank you for your prompt attention to this important task! The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. Go ahead and read through the instructions we provided and do the best that you can. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 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). We do not yet know what will be on the EEOC website, or when this will all happen. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! 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.. 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. 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. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Our offices will be in touch with you when you need to take additional steps. As a reminder, the EEOC has not issued any decisions on any of the claims. The Judge partially granted our motion. We will be in touch in the coming weeks if we need anything additional from you. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. 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.

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