NRP Class Action is being handled by Thomas & Solomon LLP. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. 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 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! 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. 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. 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. 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. Appeal pending. At Thomas & Solomon LLP, we forcefully protect those rights. 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. 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. At the very latest, you must complete, sign and return the form to us by March 25, 2019. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. For more information about the Pittman class action, please go to http://www.pittmanclass.com. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. Posted in Federal Worker Compensation, General, Postal Workers. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. This proposal is consistent with many other successful class actions. 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. 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 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. 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. 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 keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. For an evaluation of your circumstances and legal options, reach us online here. Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security. Legal Case Summary. The next status conference is November 28, 2022. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. Please continue to monitor this website for updates on the case. 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. 2. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. 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). 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. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. The Administrative Judge has not yet announced the process or timeline for reviewing claims. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate. Thank you! The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. We continue to fight for justice for all of the claimants in this case. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. Postal Service, EEOC Case No. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. We appealed this improper action by the Postal Service. Our goal is to get this matter resolved in a fair way as quickly as possible. 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. Click here for a copy of the notice of appeal filed on July 12, 2018. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. 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. 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. 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. As previously reported, we have filed an extension request with the Judge. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Just do the best that you can with any information that you know. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. 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 also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. Please continue to monitor this website for any updates. 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. 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. Our law offices have also been impacted by the Covid-19 situation. 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. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. . If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. U.S. And please call or email us if you have questions. Activity 1. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. 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. 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 Please note that this does not directly relate to your claim in the NRP Class Action. We will provide an update as soon as further news is available. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. As you may be aware, USPS disputed every claim submitted in this case. We have filed an extension request with the Judge. 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. 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. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. The Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. We believe the Postal Service must be held accountable for the consequences of its discrimination. Today we had another video conference call with the Administrative Judge. Many of you have asked about the next steps in the EEOC process. 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. 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. A copy of the Case Management Order is available by clicking here. To the best of our knowledge, the EEOC has never created a website devoted to a single case. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. 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. Thanks as always for your ongoing patience, and your assistance in this case. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. You should include specific names of people that harassed you, and approximate dates to the best you can. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. 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. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. (A copy of the Declaration form is available by clicking this link). 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. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks. 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. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. 520-2008-00053X. 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. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. 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. Please continue to check this website for updates. If you have not yet received a call back, you may try to call us again, and you may be able to get through. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. The conference lasted a little over two hours. Please continue to check our website for updates in the coming weeks. * indicates required information 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. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter.

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