To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). 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 conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. Yes. Our submission may be viewed here. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. 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). Click here for a copy of the notice of appeal filed on July 12, 2018. 9. 4. There is still time to retain us. 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. Again, there is no need for you to take any action at this time regarding the possibility of settlement. Please note: we are using email to send these forms to our clients to the greatest extent possible. See below for more information. We continue to take every action possible to help the Judge move this process forward. 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 our clients, please provide your updated contact information to us. The EEOC agreed with our position. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. View the brief trailer from 12 Years a Slave (2013).. The next status conference is scheduled for October 31, 2022 at 11:00 am. We are continuing the process of organizing this information as fast as possible. For our clients, please provide your updated contact information to us. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. A lengthy status conference was held with the Administrative Judge on May 13, 2019. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. We respond promptly to inquiries. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. In order to access the recorded message, you will need to call a special phone number. As you will see, our proposal addresses both fairness and efficiency. We wish all of you a joyous holiday season. Please know that we are fighting for you, just as we have done for over 10 years. Whether you get any money and how much is determined by the EEOCs decision on your claim. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. There is not a magic number for how much information should be submitted. No, your 30% contingency fee is only on the value of relief that you receive. (A copy of the Declaration form is available by clicking this link). Free shipping for many products! In the case of Sandra McConnell, et al. 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. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. We will take all steps necessary to provide the Judge with timely submissions for all our clients. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. 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. In any event, please rest assured that we will return all messages. Please continue to monitor this website for updates on the case. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. 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. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. 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. Many class members who submitted claims for individual relief have received response letters from the Postal Service. Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. 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. Detailed instructions on completing the Declaration form are available by clicking here. Thank you as always for your cooperation and support during the claim review process. You may want to include specific examples of statements that were made to you on your Continuation sheet. 6. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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. And please call or email us if you have questions. 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. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. 600 17th Street, Suite 1705-S We will represent you before an EEOC administrative judge. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. Unfortunately, the Postal Service continues to dispute every single claim. There may be better options that would work in your benefit. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. 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. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. All those who were harmed by the NRP discrimination should submit a timely written claim. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and
The Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. We do not yet know what will be on the EEOC website, or when this will all happen. 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. A copy of the Case Management Order is available by clicking here. You should complete, sign and return the Declaration form to our offices as soon as possible. If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. Please continue to monitor this website for status updates. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. We are responding to each call and email in the order received. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. (Our firms did not seek any such extension.) * ATTORNEY ADVERTISING *
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. Thanks to all who have returned Declarations to us. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. We will post an update on this website shortly after the Status Conference. Many of you have asked about the next steps in the EEOC process. As your attorneys, we agree with the Judges negative view of the opt-out process. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. 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 plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. 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. 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. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. We have not spoken with USPS attorneys about settlement of any claims. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. We will provide an update to the website as soon as the Judge issues a decision. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. The judge may wish for a live hearing to determine the proper award for your claim. 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 The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service.
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