In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. Ms. Thanks to all who have returned Declarations to us. Without your patience and persistence, the Postal Service would have won without a fight. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. Yes. Please continue to monitor this website for status updates. Our offices also agreed to provide some additional information that should assist the process which was obtained from the Postal Service during the course of the litigation and should provide the EEOC Judge with much of the requested information. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. EUC! Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. As explained by the Judge in the recent order: [T]he U.S. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. 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. 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. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Thank you again for your cooperation and patience. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! A lengthy status conference was held with the Administrative Judge on May 13, 2019. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. We strongly encourage timely cooperation if you receive the notice from the EEOC. Postal Service, EEOC Case No. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. No. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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.". 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. Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. 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. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. 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. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. Some 41,000 past and. 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. For better or worse, this case presents numerous potential impediments to wide-spread settlement. We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. We will post status updates on the claims process on this website. 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. Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! If you have any additional documents, please make sure to include them with the completed Declaration. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. 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. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. 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. 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. Over the next few weeks, we will be sending out new forms to many of our clients to complete. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. Thank you for all of your patience. We continue to respond to each call and email in the order received. 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. 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. We believe the Postal Service must be held accountable for the consequences of its discrimination. 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. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. There is still time to retain us. We will continue to provide updates on this website as notable developments occur. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. The next status conference is set for January 24, 2020. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. However, before you turn down any relief, you should speak with Class Counsel to explore your options. 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. For most claimants, filling out the form will take less than one hour. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. 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. There is no action needed at this time on your individual claim. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. 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 Contact Us if you have any questions, comments or if you need information. 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 3. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. 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. 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. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. For more information about the Pittman class action, please go to http://www.pittmanclass.com. 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). In the near future, we will address frequently asked questions regarding the form and evidence on this website. To learn more about the case, please visit NRPclassaction.com. If you have not yet received a call back, you may try to call us again, and you may be able to get through. 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. Introduction. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Postal Service who have been subjected to [] At Thomas & Solomon LLP, we forcefully protect those rights. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. 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: Your claim in this case is a personal asset. We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. * indicates required information
What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. And as always, please continue to monitor this website for any important updates. In order to access the recorded message, you will need to call a special phone number. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. 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. With the recent dismissals of the USPS final action and appeals of the Administrative Judges orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future. 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. (A copy of the Declaration form is available by clicking this link). We will represent you before an EEOC administrative judge. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. My Manager told me that I might be sent to work for Walmart or another company. We will promptly pursue this issue through the appropriate process. * ATTORNEY ADVERTISING *
Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). 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. 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. Unfortunately, some of our clients in this case have passed away. Yes. Show the Postal Service that discrimination has consequences please submit a timely claim! Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. The comprehensive spreadsheet must be filed by July 18, 2022. Yes, we will include any documents you have provided to our office. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. 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 Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. 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. 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 quit now, the Postal Service will get away with causing you harm, and justice will not be served. Please continue to monitor this website over the upcoming weeks for additional important information. Therefore, if you have not already 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 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. $24.99. 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. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. We are responding to each call and email in the order received. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Yes. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Please check this website for updates. You should include specific names of people that harassed you, and approximate dates to the best you can. The Postal Service has sent forms to be completed by some claimants. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. Please continue to check the website for updates. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. My Supervisors or co-workers called me lazy due to my restrictions. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Rochester NY, 14607
According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. 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. Here are 10 things for every claimant to know RIGHT NOW: 1. 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. 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. So I understood that I had no option but to retire; or, I was told that I would be sent to work for Walmart; or, They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or, They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. The name of the case is McConnell v. U.S. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. 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.
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