We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. 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. 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. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. 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. Please continue to monitor this website for updates. We thank you all for your continued patience with this process. (585) 272-0540 (tel) First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. No, your 30% contingency fee is only on the value of relief that you receive. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Please do not give up on your claims for relief! We will promptly pursue this issue through the appropriate process. $24.99. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. We will promptly provide an update on this website as soon as that information is available. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. Let us help you to fight for your rights. 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. However, settlement is not possible in every case. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Thank you for your support, assistance, and patience throughout this claims process. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. My Supervisor complained about my limitations. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. 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. When the EEOC notice is issued, we will post a copy of it on this website. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. You should include specific names of people that harassed you, and approximate dates to the best you can. (Our firms did not seek any such extension.) If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. 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. 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. The conference lasted a little over two hours. * indicates required information A lengthy status conference was held with the Administrative Judge on May 13, 2019. 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. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. The Judge has indicated a desire to resolve this issue promptly, if possible. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. If you receive a request for information from us, please reply as soon as possible. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. 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 greatly appreciate your patience during this process. 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. 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. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. USPS continues its stubborn opposition to providing money relief to claimants. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. If you have already done so, thank you! My Manager told me that I might be sent to work for Walmart or another company. As your attorneys, we agree with the Judges negative view of the opt-out process. There is still time to retain us. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or We will be in touch in the coming weeks if we need anything additional from you. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. 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 Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. The Administrative Judge has not yet announced the process or timeline for reviewing claims. 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. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. 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. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. Our team is standing by! The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. The next status conference is set for January 24, 2020. View the brief trailer from 12 Years a Slave (2013).. 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. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. Please continue to check this website for updates. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. My Manager told me that I had no other option but to retire; or There is no action needed at this time on your individual claim. 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.. You do not need to send us documents that you already sent us. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. The judge may wish for a live hearing to determine the proper award for your claim. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). 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. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. As you will see, our proposal addresses both fairness and efficiency. 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. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. No, there has been no settlement of this case. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. You should mark the boxes for every statement that applies to your situation. 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! 10. For most claimants, filling out the form will take less than one hour. Please check this website for an update after the Status Conference on March 4, 2022. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Please continue to monitor the website for updates. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Thank you as always for your cooperation and support during the claim review process. We will provide an update to the website as soon as the Judge issues a decision. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. We will continue to keep you posted on all major developments in the case. We continue to fight for justice for all of the claimants in this case. Thomas & Solomon LLP 693 East Avenue If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Yes, we will include any documents you have provided to our office. Thank you for your cooperation and patience through this lengthy process. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. 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.
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