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NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Please know that we are fighting for you, just as we have done for over 10 years. We will post an update on this website shortly after the Status Conference. As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. Therefore, these activity files should already be in the possession of Phase I Class Counsel. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Please call us if you have any questions about this. Please note: we are using email to send these forms to our clients to the greatest extent possible. Please continue to monitor our website for updates. Today we had another video conference call with the Administrative Judge. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. To schedule an employment law attorney consultation, please call or complete the intake form below. Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. 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. 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! 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. 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. We will provide an update as soon as further news is available. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. 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. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. You will also need to fill out the Declaration. Without your patience and persistence, the Postal Service would have won without a fight. We will continue to keep you posted on all major developments in the case. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! We believe that this action by the Postal Service is improper. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 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. 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. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. However, before you turn down any relief, you should speak with Class Counsel to explore your options. See below for more information. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. 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. 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. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. That work includes representing you in your individual claim through the entire EEOC claims process. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. The Judge expressed a hope that she could begin to review individual claims in late July or August. Thank you for your prompt attention to this important task! We continue to fight for justice for all of the claimants in this case. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. 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 The Order does not accept the plan proposed by Class Counsel. 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. While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. Our suggested claim form is easy to complete. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. 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. 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. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. 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. 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. For our clients, please provide your updated contact information to us. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. 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. Denver, CO 80202. 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! Please continue to monitor this website for status updates. One important issue was decided during the status conference. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Our team is standing by! 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. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Thank you! Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Yes, the Postal Service should have provided us the NRP file for each person. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. You should mail this letter to: USPS - NELU It is also ok to provide a persons position title if you dont remember a persons name. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. 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. 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. We continue to respond to each call and email in the order received. For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. 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. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. (585) 272-0540 (tel) nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. At the very latest, you must complete, sign and return the form to us by March 25, 2019. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. 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. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. 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. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. 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. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). The Administrative Judge has not yet announced the process or timeline for reviewing claims. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. 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. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. The Postal Service HAS NOT sent copies of these letters to your attorneys. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. 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. There is not a magic number for how much information should be submitted. Welcome to the USPS Class Action Claim Website. For example, we reported that there had been some confusing information provided by the EEOCs administrator. 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. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. 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. Yes. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. 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. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. In the case of Sandra McConnell, et al. 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. Appeal pending. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. However, settlement is not possible in every case. To see the Motion that was filed, CLICK HERE. Please note that this does not directly relate to your claim in the NRP Class Action. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Again, do the best you can with the information you know. 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.