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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. As explained by the Judge in the recent order: [T]he U.S. At this time, the Administrative Judge has not yet made her selection of Special Masters. We greatly appreciate your patience during this process. A copy of the Case Management Order is available by clicking here. We hope you and your loved ones are safe during these difficult times. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened: After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. 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. 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. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. 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. 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. 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. Salomon v A Salomon & Co Ltd - Wikipedia We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. 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 As the Judge noted in her decision, 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.. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. 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. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. Nevertheless, those survey responses might help give you a starting point! 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. 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. If you receive a request from us for additional information, we urge you to respond as soon as possible. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. It is also ok to provide a persons position title if you dont remember a persons name. We will represent you before an EEOC administrative judge. No. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and 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. 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. You may want to include specific examples of statements that were made to you on your Continuation sheet. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. 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. Posted in Federal Worker Compensation, General, Postal Workers. Salomon v Salomon - Case Summary - LawTeacher.net The best way to get guidance on your specific legal issue is to contact a lawyer. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. No, there has been no settlement of this case. 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. The Postal Service HAS NOT sent copies of these letters to your attorneys. Nrpclassaction.com: Home | NRP Class Action (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. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. At the status conference, USPS called more plays from this old playbook. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. One important issue was decided during the status conference. My Supervisors or co-workers called me lazy due to my restrictions. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. You are also allowed to use your own paper. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. There is no need at this time to send a copy of the Pittman claim form to our offices. 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. We believe that the Administrative Judge's news from today means that we should see some real progress in 2023 toward a final result for your claim in this case. 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. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. 6. The Postal Service has sent forms to be completed by some claimants. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Please continue to monitor this website for updates on the case. We continue to work with the judge to move this case forward toward a final resolution. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. NRP Class Action Update December 2020 - Postal Employee Network The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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.". 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. We understand that there is some confusion as to the date when the spreadsheet submissions are due. 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. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. The main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. You will also need to fill out the Declaration. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. View the law firm's profile for reviews, office locations, and contact information. No. Of note, we may request feedback or clarification from some Claimants in the next few weeks. We cannot predict how long this process will take. 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. If you would like to retain our firms at this time to represent you in your individual claim, please let us know immediately, and we will send you a retainer letter that must be signed by you and returned to our office. To see the Motion that was filed, CLICK HERE. Merely submitting the claim form does not endanger your disability or social security claims. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional If you have questions related to filling out the Declaration form, please call us at 585-272-0540. 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. 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. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Click here to see the latest news on the case. Thanks as always for your ongoing patience, and your assistance in this case. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. The Judge partially granted our motion. We will take all steps necessary to provide the Judge with timely submissions for all our clients. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. Our offices will be in touch with you when you need to take additional steps. If you have already done so, thank you! The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. To schedule an employment law attorney consultation, please call or complete the intake form below. As always, we greatly appreciate your patience during this process. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Solomon Northup and Twelve Years a Slave: Analyzing . This is a good development, but a lengthy fight remains in order to obtain a just and fair result. Please note that this does not directly relate to your claim in the NRP Class Action. A lengthy status conference was held with the Administrative Judge on May 13, 2019. If you did either of those two things, then there is no need to fill out another retainer agreement. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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 addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement. Please continue to check our website for updates. She also indicated that the EEOC intends to send a notice out of such website. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. 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 . Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP 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. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. My Supervisor complained about my limitations. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination.
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