We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. Name * First Last . 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. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. Thank you. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. We will promptly update this website as soon as we have news to report. You should mark the boxes for every statement that applies to your situation. Unfortunately, some of our clients in this case have passed away. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. I was told that I would be sent to work for Walmart; or 6. Thomas & Solomon 585-272-0540. The Administrative Judge has not yet announced the process or timeline for reviewing claims. Postal Service by employees with disabilities. 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. (A copy of the Declaration form is available by clicking this link). You do not need to send us documents that you already sent us. In order to access the recorded message, you will need to call a special phone number. Our suggested claim form is easy to complete. NRP Class Action is being handled by Thomas & Solomon LLP. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . 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. My Supervisor complained about my limitations. If applicable to you, here are some possible short statements that can help explain what happened: Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. Please note: we are using email to send these forms to our clients to the greatest extent possible. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. Such production took place over several months back in 2012 and 2013. 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. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. 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. Our attorneys continue to work on this case, and we are in regular contact with the Judge. Our team is standing by! 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. Yes. We will promptly provide an update on this website as soon as that information is available. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. The EEOC agreed with our position. 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. 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. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. Please Contact Us if you have any questions, comments or if you need information. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. Please check this website for an update after the Status Conference on March 4, 2022. For example, we reported that there had been some confusing information provided by the EEOCs administrator. 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. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. 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. Please continue to monitor our website for more updates in the coming weeks. We will provide you with written instructions on what to include to support your claim. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. The best way to get guidance on your specific legal issue is to contact a lawyer. Again, if you have not yet 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 with the Judge by March 31. 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. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Please do not give up on your claims for relief! USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. My Manager told me that I might be sent to work for Walmart or another company. Please Note: 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. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. 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. We strongly recommend that you do not opt out of this process. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. We wish all of you a joyous holiday season. No, your 30% contingency fee is only on the value of relief that you receive. As you may be aware, USPS disputed every claim submitted in this case. 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. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. 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. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. You can see the order by clicking here. If you retain us, your total contingency fee payment will be 30%. The Administrative Judge held another video status conference with us today, and shared some news about the EEOC's plans for moving this case forward. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. If you receive nothing as a result of your claim, you would owe us nothing. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. We have recently received a final decision from the EEOC regarding our appeal. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Over the next few weeks, we will be sending out new forms to many of our clients to complete. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. 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. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. 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. We will post an update on this website shortly after the Status Conference. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. We will continue to provide updates on this website as notable developments occur. My Manager told me that I might be sent to work for Walmart or another company. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. As a reminder, the EEOC has not issued any decisions on any of the claims. View the brief trailer from 12 Years a Slave (2013).. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. 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. 520-2008-00053X. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. 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 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. We will provide updated information regarding the process on this website. At this time, the Administrative Judge has not yet made her selection of Special Masters. Our submission may be viewed here. 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. 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. 520-2010-00280X; Agency No. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. 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. 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. We do not yet know what will be on the EEOC website, or when this will all happen. The call was very lengthy, lasting almost three hours. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. 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. 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). EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). 600 17th Street, Suite 1705-S We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. 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. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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. You have come too far in the process to quit now. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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. U.S. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. 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. 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. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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. The Administrative Judge has asked our offices to provide any evidence that claims were timely. We continue to work with the judge to move this case forward toward a final resolution. 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. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. 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. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. 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, 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. 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)? A copy of the Case Management Order is available by clicking here. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. 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.