Again, there is no need for you to take any action at this time regarding the possibility of settlement. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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. To see the Motion that was filed, CLICK HERE. Our suggested claim form is easy to complete. In any event, please rest assured that we will return all messages. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. You can access the Declaration (with instructions) by clicking here. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. There will be a Spanish translation of the recording also available at the same number. 5. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. 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. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. EUC! Thank you for your cooperation and patience through this lengthy process. 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. NRP Class Action is being handled by Thomas & Solomon LLP. We hope you and your loved ones are safe during these difficult times. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. You can always reject any offer that is made to you by the Postal Service in the future. Our law offices have also been impacted by the Covid-19 situation. If you receive a request from us for additional information, we urge you to respond as soon as possible. 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. We are very grateful for the Judges willingness to discuss the possibility of settlement. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. We do not yet know what will be on the EEOC website, or when this will all happen. For most claimants, filling out the form will take less than one hour. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. 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. We will provide updated information regarding the process on this website. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. You will also need to fill out the Declaration. The judge may wish for a live hearing to determine the proper award for your claim. 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. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on claims. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. You should mark the boxes for every statement that applies to your situation. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). 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. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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 Administrative Judge has not yet announced the process or timeline for reviewing claims. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. For better or worse, this case presents numerous potential impediments to wide-spread settlement. U.S. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. Postal Service who have been subjected to [] 8. The Order does not accept the plan proposed by Class Counsel. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. We recommend that you retain the claim form documents for your records. One important issue was decided during the status conference. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. You are also allowed to use your own paper. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. 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. Here is a copy of the Order. As you may be aware, USPS disputed every claim submitted in this case. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. 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. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. The EEOC agreed with our position. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. Please continue to monitor this website for any updates. . 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 already hired our firms to represent you, we will be filing a legal brief in support of your claim. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. 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 wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. This proposal is consistent with many other successful class actions. 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. As always, we greatly appreciate your support and patience throughout this process. Our team is standing by! The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. Rochester NY, 14607 Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. No, there has been no settlement of this case. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. 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. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. Please know that we are fighting for you, just as we have done for over 10 years. Thank you for all of your patience. You should mail this letter to: USPS - NELU To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. 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. 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. 520-2010-00280X; Agency No. 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. In the past few weeks, we received a very large number of calls and emails related to this case. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. This decision by EEOC-OFO means that the case remains fully before the EEOC Administrative Judge, and that she can use her discretion to find an appropriate method to have the claims reviewed and decided. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Please check this website frequently for updates. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. Do you need to file an individual appeal from the FAD? 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. 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 have not spoken with USPS attorneys about settlement of any claims. We are continuing the process of organizing this information as fast as possible. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. View the brief trailer from 12 Years a Slave (2013).. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. 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. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. We thank you all for your continued patience with this process. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. (585) 272-0540 (tel) Also, please note that not every client is being sent these forms at this time. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. We continue to take every action we can to ensure that this process moves forward as quickly as possible. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Thank you as always for your cooperation and support during the claim review process. 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. * indicates required information Name * First Last . We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. * Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. As you will see, our proposal addresses both fairness and efficiency. We have notched many milestone successes in this case since 2006. However, before you turn down any relief, you should speak with Class Counsel to explore your options. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. The next status conference is scheduled for October 31, 2022 at 11:00 am. We have filed an extension request with the Judge. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Additional Continuation Sheets and Witness Statement forms are available by clicking here. There is no need at this time to send a copy of the Pittman claim form to our offices. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. You can see the order by clicking here. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 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. We continue to respond to each call and email in the order received. 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. 10. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. 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? Please also send us a copy of the forms as the Postal Service has NOT sent copies 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. Please do not give up on your claims for relief! 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). We cannot predict how long this process will take. For our clients, please provide your updated contact information to us. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). Today we had another video conference call with the Administrative Judge. Yes. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. 693 East Avenue 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. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Please continue to check this website for updates. 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. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD.