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You can access the Declaration (with instructions) by clicking here. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Can I be reinstated to my USPS job now while this relief process is ongoing? 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. Unfortunately, the Postal Service continues to dispute every single claim. These forms are very short, and most clients will be able to complete these forms in five minutes or less. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. 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. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. For most claimants, filling out the form will take less than one hour. 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. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. Click here for a copy of the notice of appeal filed on July 12, 2018. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. 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. 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. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. 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 you have not yet completed and returned the Declaration form to us, please do so as soon as possible. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. 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. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). There is no need at this time to send a copy of the Pittman claim form to our offices. Recently many claimants have been asking about the timeline as to when claims will be evaluated. Put another way, for all claimants who hired our law firms, we will not cease our fight on your behalf until the Postal Service provides a fair and reasonable resolution, or there is a final EEOC decision on your claim, whichever occurs first. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Yes, the Postal Service should have provided us the NRP file for each person. As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. For our clients, please provide your updated contact information to us. 600 17th Street, Suite 1705-S Some 41,000 past and. 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. Please continue to monitor our website for more updates in the coming weeks. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. Thank you! Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. 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)? In the near future, we will address frequently asked questions regarding the form and evidence on this website. However, medical information can help support your claim for damages. 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. Thank you for your cooperation and patience through this lengthy process. And as always, please continue to monitor this website for any important updates. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. To schedule an employment law attorney consultation, please call or complete the intake form below. 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. We are very grateful for the Judges willingness to discuss the possibility of settlement. Thank you for your continued patience! 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. 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. U.S. USPS continues its stubborn opposition to providing money relief to claimants. For example, we reported that there had been some confusing information provided by the EEOCs administrator. In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. We have not spoken with USPS attorneys about settlement of any claims. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. 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. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. Thanks as always for your ongoing patience, and your assistance in this case. In the case of Sandra McConnell, et al. Postal Service who have been subjected to [] Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. Posted in Federal Worker Compensation, General, Postal Workers. 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. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. If you have any additional documents, please make sure to include them with the completed Declaration. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. That work includes representing you in your individual claim through the entire EEOC claims process. 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. However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. 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. We will continue to provide updates on this website as notable developments occur. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". In any event, please rest assured that we will return all messages. You do not need to send us documents that you already sent us. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims.