EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. For our clients, please provide your updated contact information to us. In the past few days, we have received a very large number of calls and emails related to this case. She also indicated that the EEOC intends to send a notice out of such website. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 10. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. There is still time to retain us. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. To see the Motion that was filed, CLICK HERE. 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. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. (585) 272-0540 (tel) By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and The EEOC has never been faced with a claimant class this large. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. Thanks to all who have returned Declarations to us. Please Contact Us if you have any questions, comments or if you need information. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Such production took place over several months back in 2012 and 2013. NRP Class Action is being handled by Thomas & Solomon LLP. Go ahead and read through the instructions we provided and do the best that you can. 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. Whether you get any money and how much is determined by the EEOCs decision on your claim. A copy of the Case Management Order is available by clicking here. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant 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. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. You can always reject any offer that is made to you by the Postal Service in the future. We continue to take every action possible to help the Judge move this process forward. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. (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. 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. The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. To learn more about the case, please visit NRPclassaction.com. Thomas & Solomon 585-272-0540. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. The NRP has been rolled out in most USPS districts across the nation. At Thomas & Solomon LLP, we forcefully protect those rights. Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. 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. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. We will promptly pursue this issue through the appropriate process. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. In order to access the recorded message, you will need to call a special phone number. We are continuing the process of organizing this information as fast as possible. 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 advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. For this submission, you must mail the completed, signed Declaration form to us by 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. As always, we greatly appreciate your support and patience throughout this process. As a reminder, the EEOC has not issued any decisions on any of the claims. As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. 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! The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? 6. The EEOC Administrative Judge held a status conference on November 19, 2019. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. We hope you and your loved ones are safe during these difficult times. 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. There will be a Spanish translation of the recording also available at the same number. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. My Manager told me that I had no other option but to retire; or We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. 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. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. The next status conference with the EEOC Judge is scheduled for August 2019. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. We respond promptly to inquiries. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks. An update will be provided following the May 12, 2022 status conference. 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. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). 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 . 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. 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. We will provide you with written instructions on what to include to support your claim. 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. 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. Please check this website frequently for updates. Our proposal recognizes the limits on the EEOCs case-processing capacity, as well as the Postal Services unyielding opposition to fair resolution of your claims. 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. 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. Detailed instructions on completing the Declaration form are available by clicking here. If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. The name of the case is McConnell v. U.S. 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. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. We cannot predict how long this process will take. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. The conference lasted a little over two hours. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. The Postal Service has sent forms to be completed by some claimants. (Our firms did not seek any such extension.) 4B-140-0062-06. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. We continue to respond to each call and email in the order received. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. And as always, please continue to monitor this website for any important updates. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. In that case a final decision has been rendered in favor of the injured workers. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. As you will see, our proposal addresses both fairness and efficiency. Show the Postal Service that discrimination has consequences please submit a timely claim! If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Can I be reinstated to my USPS job now while this relief process is ongoing? We eagerly await the next conference with the Court and will provide an update when one has been scheduled. 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. No. 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. We organized and submitted all available documentation in accordance with the Case Management Order. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. 3. We will provide an update after the status conference. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. Again, there is no need for you to take any action at this time regarding the possibility of settlement. Introduction. Additional Continuation Sheets and Witness Statement forms are available by clicking here. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. No new date has been scheduled, but please continue to check the website for updates. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574.
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