Other people used a different claim form, then filled out a written retainer agreement with our office. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. 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. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. We will post an update on this website shortly after the Status Conference. 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. Our team is standing by! 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. 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. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. However, the employee must file the claim for damages by April 12, 2018. . The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. 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. My Manager told me that I had no other option but to retire; or 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 always, please continue to monitor this website for any 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 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. 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? Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. The conference lasted a little over two hours. In order to access the recorded message, you will need to call a special phone number. The call was fairly brief. 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. 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. 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: We continue to take every action possible to help the Judge move this process forward. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. Unfortunately, some of our clients in this case have passed away. The EEOC agreed with our position. For most people, it will take less than one hour to complete the Declaration. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. I was told that I would be sent to work for Walmart; or The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. The Order does not accept the plan proposed by Class Counsel. Free shipping for many products! The comprehensive spreadsheet must be filed by July 18, 2022. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Without your patience and persistence, the Postal Service would have won without a fight. For our clients, please provide your updated contact information to us. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. We will post an update to this webpage as soon as a ruling is issued on this Motion. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. 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). We will provide you with written instructions on what to include to support your claim. No. 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. For most claimants, filling out the form will take less than one hour. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Such production took place over several months back in 2012 and 2013. 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. Therefore, if you have not already 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 by March 31. 693 East Avenue Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. You can always reject any offer that is made to you by the Postal Service in the future. 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. 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. 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. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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. Welcome to the USPS Class Action Claim Website. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. The judge may wish for a live hearing to determine the proper award for your claim. Go ahead and read through the instructions we provided and do the best that you can. We organized and submitted all available documentation in accordance with the Case Management Order. A contingency fee is only paid if we obtain a recovery for you. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. As always, we greatly appreciate your support and patience throughout this process. Thomas & Solomon LLP We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. 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 continue to monitor this website over the upcoming weeks for additional important information. 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). You can see the order by clicking here. For our clients, please provide your updated contact information to us. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. That work includes representing you in your individual claim through the entire EEOC claims process. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. 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. 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. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. The Judge expressed a hope that she could begin to review individual claims in late July or August. Yes, we will include any documents you have provided to our office. The NRP has been rolled out in most USPS districts across the nation. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. 4B-140-0062-06. 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. 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. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. Yes. 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. Our suggested claim form is easy to complete. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. No, there has been no settlement of this case. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. The next status conference is November 28, 2022. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. 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. Our offices will be in touch with you when you need to take additional steps. We continue to respond to each call and email in the order received. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. Nevertheless, those survey responses might help give you a starting point! 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. The Administrative Judge has not yet announced the process or timeline for reviewing claims. Please check this website for updates. To schedule an employment law attorney consultation, please call or complete the intake form below. 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. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. 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. 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. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. 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. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. We have filed an extension request with the Judge. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. If you retain us, your total contingency fee payment will be 30%. We continue to fight for justice for all of the claimants in this case. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. The claims process is still moving forward. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. As always, we greatly appreciate your patience during this process. To see the Motion that was filed, CLICK HERE. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. We will provide an update as soon as a decision is issued regarding our motion for sanctions. As you will see, our proposal addresses both fairness and efficiency. We will represent you before an EEOC administrative judge. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. The Administrative Judge has asked our offices to provide any evidence that claims were timely. 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. Please continue to monitor the website for further updates. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. The Order 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 then Claimants have 20 days to submit their legal brief and evidence. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 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. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. 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 have notched many milestone successes in this case since 2006. 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. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. 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. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. 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. See below for more information. 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). Please continue to monitor this website for status updates. In that case a final decision has been rendered in favor of the injured workers. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. 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. Unfortunately, the Postal Service continues to dispute every single claim. A significant amount of legal work remains to be accomplished as we press forward on every front. If you receive a request from us for additional information, we urge you to respond as soon as possible. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. Our proposed Case Management Order is carefully tailored to this unprecedented case. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. 4. USPS continues its stubborn opposition to providing money relief to claimants. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. The . Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. 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. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. Please call us if you have any questions about this. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. In the past few days, we have received a very large number of calls and emails related to this case. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. As a reminder, the EEOC has not issued any decisions on any of the claims. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. 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. 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. 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 best way to get guidance on your specific legal issue is to contact a lawyer. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. We will promptly pursue this issue through the appropriate process. At this time, the Administrative Judge has not yet made her selection of Special Masters. Thank you. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. Postal Service, EEOC Case No. 520-2008-00053X. The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. Click here for a copy of the notice of appeal filed on July 12, 2018. 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. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. 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. 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. Please do not give up on your claims for relief! Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). My Supervisor complained about my limitations. We strongly encourage timely cooperation if you receive the notice from the EEOC. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD.

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