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. 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. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. 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. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 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.. No. While GODADDY.COM LLC was its first registrar, . TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. * ATTORNEY ADVERTISING * It depends. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. 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. Such production took place over several months back in 2012 and 2013. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. The Order does not accept the plan proposed by Class Counsel. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. 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. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . 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. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. 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. 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. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. At Thomas & Solomon LLP, we forcefully protect those rights. 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. 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. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 3. We hope you and your loved ones are safe during these difficult times. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. This proposal is consistent with many other successful class actions. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. View the brief trailer from 12 Years a Slave (2013).. My Manager told me that I might be sent to work for Walmart or another company. 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. Just do the best that you can with any information that you know. For our clients, please provide your updated contact information to us. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. View the law firm's profile for reviews, office locations, and contact information. In that case a final decision has been rendered in favor of the injured workers. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. If you have already done so, thank you! Our proposed Case Management Order is carefully tailored to this unprecedented case. Thank you! The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. Thanks to all who have returned Declarations to us. 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. The Administrative Judge has not yet announced the process or timeline for reviewing claims. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. The Judge has indicated a desire to resolve this issue promptly, if possible. However, the employee must file the claim for damages by April 12, 2018. . Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. Also, please note that not every client is being sent these forms at this time. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. At this time, the Administrative Judge has not yet made her selection of Special Masters. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). My Manager told me that I might be sent to work for Walmart or another company. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. Denver, CO 80202. Rochester NY, 14607 Thank you again for your cooperation and patience. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. 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. 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. 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. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. Thank you for your cooperation and patience through this lengthy process. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Activity 1. The call was fairly brief. 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. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. We will post an update to this webpage as soon as a ruling is issued on this Motion. Please Contact Us if you have any questions, comments or if you need information. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. 520-2008-00053X. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or 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. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. We will provide an update as soon as further news is available. 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. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. Yes, the Postal Service should have provided us the NRP file for each person. 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. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. There is no need at this time to send a copy of the Pittman claim form to our offices. 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). If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. Click here to see the latest news on the case. A copy of Class Counsel's motion is available by clicking here. Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. If you receive a request for information from us, please reply as soon as possible. Please check this website for an update after the Status Conference on March 4, 2022. 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. You should complete, sign and return the Declaration form to our offices as soon as possible. Free shipping for many products! We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. 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. Our attorneys continue to work on this case, and we are in regular contact with the Judge. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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 EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. The claims process is still moving forward. The judge stressed that the EEOC is actively weighing different ways to move the process forward. We believe the Postal Service must be held accountable for the consequences of its discrimination. Salomon v A Salomon and Co Ltd [1897] AC 22. A copy of the Case Management Order is available by clicking here. Thomas & Solomon 585-272-0540. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. When the EEOC notice is issued, we will post a copy of it on this website. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. She also indicated that the EEOC intends to send a notice out of such website. Continued patience is therefore required. The Postal Service HAS NOT sent copies of these letters to your attorneys. 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. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. 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. 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. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. 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 wanted to reach out and give a quick update on the case, and answer some questions that have been raised. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. We will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. In the near future, we will address frequently asked questions regarding the form and evidence on this website. U.S. 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. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. I was told that I would be sent to work for Walmart; or As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. 7. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. 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. Please continue to monitor our website for more updates in the coming weeks. And please call or email us if you have questions. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. At the status conference, USPS called more plays from this old playbook. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. We believe that this action by the Postal Service is improper. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. You should receive a form in the mail by March 18, 2019. We will provide you with written instructions on what to include to support your claim. We continue to take every action we can to ensure that this process moves forward as quickly as possible. 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. The Judge partially granted our motion. Attorney website: www.nrpclassaction.com Attorney phone #s: 585 272 0540 or toll free 877 272 4066 The 30 day window to file a written claim (measured from the date a class member receives notice from the Postal Service) provides a short time period. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. 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. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. Please continue to monitor this website over the upcoming weeks for additional important information. 5. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member's claim for relief. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. Thank you as always for your cooperation and support during the claim review process. Please continue to monitor this website for further updates. 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. 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. You may want to include specific examples of statements that were made to you on your Continuation sheet. 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. Postal Service who have been subjected to [] 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. That work includes representing you in your individual claim through the entire EEOC claims process. However, settlement is not possible in every case. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. We have not spoken with USPS attorneys about settlement of any claims. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. 4. 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. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C.

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