Until we know if our motion has been granted, you should proceed as though the Declaration should be returned to our office by March 25, 2019. We will provide updated information regarding the process on this website. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. 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. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. The next status conference is November 28, 2022. 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. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. As a reminder, the EEOC has not issued any decisions on any of the claims. Posted in Federal Worker Compensation, General, Postal Workers. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. 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. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Additional Continuation Sheets and Witness Statement forms are available by clicking here. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. Unfortunately, some of our clients in this case have passed away. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. 4B-140-0062-06. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. We strongly encourage timely cooperation if you receive the notice from the EEOC. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. My Supervisors or co-workers called me lazy due to my restrictions. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. With 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. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. My Supervisors or co-workers called me lazy due to my restrictions. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. 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. We continue to work with the judge to move this case forward toward a final resolution. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. Accordingly, it is a good idea to proceed cautiously. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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). To learn more about the case, please visit NRPclassaction.com. 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. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. To the best of our knowledge, the EEOC has never created a website devoted to a single case. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. Therefore, these activity files should already be in the possession of Phase I Class Counsel. We are continuing the process of organizing this information as fast as possible. 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. 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! 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . 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. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. 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. There will be a Spanish translation of the recording also available at the same number. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. In this case, the EEOC will appoint five Special Masters who will each have broad discretion to recommend damages and relief for the claims presented to them. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. Thank you. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. 9. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. The claims process is still moving forward. 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. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Please Contact Us if you have any questions, comments or if you need information. 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. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. 7. 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. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. View the law firm's profile for reviews, office locations, and contact information. We will provide an update after the status conference. The conference lasted a little over two hours. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. (Our firms did not seek any such extension.) (A copy of the Declaration form is available by clicking this link). 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. 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. We will represent you before an EEOC administrative judge. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. 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. Let us help you to fight for your rights. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Just do the best that you can with any information that you know. We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. 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. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. 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 continue to keep you posted on all major developments in the case. 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. 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. 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. In the past few days, we have received a very large number of calls and emails related to this case. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. Thank you for your cooperation and patience through this lengthy process. No. Please continue to monitor our website for updates.
Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. 0720080054. 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. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. 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. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. 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. The NRP has been rolled out in most USPS districts across the nation. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. A copy of Class Counsel's motion is available by clicking here. 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.
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