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NRP Class Action is being handled by Thomas & Solomon LLP. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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. 600 17th Street, Suite 1705-S Show the Postal Service that discrimination has consequences please submit a timely claim! Please continue to monitor our website for more updates in the coming weeks. 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. 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. At Thomas & Solomon LLP, we forcefully protect those rights. In that case a final decision has been rendered in favor of the injured workers. You will also need to fill out the Declaration. Thanks to all who have returned Declarations to us. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. We greatly appreciate your patience during this process. 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. You should complete, sign and return the Declaration form to our offices as soon as possible. Please continue to check this website for updates. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. Such production took place over several months back in 2012 and 2013. 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. 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. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. You may want to include specific examples of statements that were made to you on your Continuation sheet. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. 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. Activity 1. Rochester NY, 14607 You have come too far in the process to quit now. March 4, 2022 - Status Update - Status Conference - NRP Class Action 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. A copy of the Case Management Order is available by clicking here. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. 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. 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 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). There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. We continue to respond to each call and email in the order received. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. 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). $24.99. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. We are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. The Judge partially granted our motion. That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. Appeal pending. 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. There is not a magic number for how much information should be submitted. You should mark the boxes for every statement that applies to your situation. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. You are also allowed to use your own paper. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. We strongly encourage timely cooperation if you receive the notice from the EEOC. 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! 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. Please continue to monitor the website for further updates. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. We can send you out a retainer letter that must be signed and returned to our office. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. We will provide you with written instructions on what to include to support your claim. NRP Class Action Lawsuit Updates (February - May 2022) 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 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. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. We hope the EEOC will act quickly to restore order to this process. 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. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. U. S. Postal Service National Reassessment Process ("NRP") is found to For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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. Postal Service, EEOC Case No. Please continue to check the website for updates. As a reminder, the EEOC website through the third-party administrator is not associated with our office. The Order does not accept the plan proposed by Class Counsel. And please call or email us if you have questions. 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. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. 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. We will represent you before an EEOC administrative judge. Today we had another video conference call with the Administrative Judge. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. Please Contact Us if you have any questions, comments or if you need information. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. 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. 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. Just do the best that you can with any information that you know. The Judge asked a few clarifying questions about the submissions. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. A contingency fee is only paid if we obtain a recovery for you. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. 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. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 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. The conference lasted a little over two hours. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional We do not yet have any estimate on the length of time that this process will take. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP For better or worse, this case presents numerous potential impediments to wide-spread settlement. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The call was very lengthy, lasting almost three hours. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. (585) 272-0540 (tel) As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. 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. Here is a copy of the Order. We will be in touch in the coming weeks if we need anything additional from you. There is no action needed at this time on your individual claim. It is also ok to provide a persons position title if you dont remember a persons name. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. 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. 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). 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). Yes. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. 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. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Our proposal recognizes the limits on the EEOCs case-processing capacity, as well as the Postal Services unyielding opposition to fair resolution of your claims. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. My Supervisors or co-workers called me lazy due to my restrictions. The Declaration form contains information that the EEOC Judge has requested for each claimant. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. Current status of the NRP class action case - Postal Times If applicable to you, here are some possible short statements that can help explain what happened: There will be a Spanish translation of the recording also available at the same number. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. 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. Thanks as always for your ongoing patience, and your assistance in this case. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. The McConnell Case (NRP Class Action) | Injured Federal Worker * ATTORNEY ADVERTISING * The name of the case is McConnell v. U.S. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Thomas & Solomon - Employment Attorneys Rochester NY NRP Class Action Against USPS - THE NEWS JUNKIE DAILY - Facebook Thank you as always for your cooperation and support during the claim review process. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 8. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. We will continue to provide updates on this website as notable developments occur. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). For more information about the Pittman class action, please go to http://www.pittmanclass.com. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. To learn more about the case, please visit NRPclassaction.com. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. You do not need to send us documents that you already sent us. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. Free shipping. As you may be aware, USPS disputed every claim submitted in this case. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. Do you need to file an individual appeal from the FAD? Thank you for your support, assistance, and patience throughout this claims process. Your claim in this case is a personal asset. One important issue was decided during the status conference. At this time, the Administrative Judge has not yet made her selection of Special Masters. 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. 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. The judge stressed that the EEOC is actively weighing different ways to move the process forward. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. The next status conference with the EEOC Judge is scheduled for August 2019. Legal Case Summary. We greatly appreciate the Judges efforts. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. * Thomas & Solomon LLP Lawsuit reveals that nearly 44,000 US Postal Service workers have been We also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate date. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Free shipping for many products! All those who were harmed by the NRP discrimination should submit a timely written claim.

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