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It depends. While GODADDY.COM LLC was its first registrar, . v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . 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. The next status conference is set for January 24, 2020. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. 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. The Postal Service HAS NOT sent copies of these letters to your attorneys. 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. 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. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. My Manager told me that I had no other option but to retire; or Please continue to monitor this website for status updates. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. No. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. We organized and submitted all available documentation in accordance with the Case Management Order. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. And as always, please continue to monitor this website for any important updates. 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. For better or worse, this case presents numerous potential impediments to wide-spread settlement. 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. 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. 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). However, the employee must file the claim for damages by April 12, 2018. . 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. That work includes representing you in your individual claim through the entire EEOC claims process. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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. The Administrative Judge has asked our offices to provide any evidence that claims were timely. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. 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. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. 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. 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 claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. We can send you out a retainer letter that must be signed and returned to our office. The judge stressed that the EEOC is actively weighing different ways to move the process forward. Without your patience and persistence, the Postal Service would have won without a fight. In the past few days, we have received a very large number of calls and emails related to this case. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. The best way to get guidance on your specific legal issue is to contact a lawyer. 600 17th Street, Suite 1705-S At this time, the Administrative Judge has not yet made her selection of Special Masters. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. Find many great new & used options and get the best deals for Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach - Hit Toy at the best online prices at eBay! 520-2008-00053X. We thank you all for your continued patience with this process. We believe the Postal Service must be held accountable for the consequences of its discrimination. However, medical information can help support your claim for damages. 693 East Avenue Our attorneys continue to work on this case, and we are in regular contact with the Judge. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. 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 send our office a copy of any letters that you receive from the Postal Service as soon as possible. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. 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. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. 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. We do not yet have any estimate on the length of time that this process will take. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. View the brief trailer from 12 Years a Slave (2013).. Click here to see the latest news on the case. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). 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. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. As previously reported, we have filed an extension request with the Judge. You do not need to send us documents that you already sent us. 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. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. The Postal Service has sent forms to be completed by some claimants. My Manager told me that I might be sent to work for Walmart or another company. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. Posted in Federal Worker Compensation, General, Postal Workers. 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. 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. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 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. Yes, we will include any documents you have provided to our office. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. First, please know that we will continue fighting to get you the best possible award. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. The EEOC has never been faced with a claimant class this large. Please call us if you have any questions about this. Merely submitting the claim form does not endanger your disability or social security claims. Please continue to monitor this website for any updates. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. 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. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. We will continue to keep you posted on all major developments in the case. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. When the EEOC notice is issued, we will post a copy of it on this website. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. 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. 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. 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. 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. 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 Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. Do you need to file an individual appeal from the FAD? Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Please Contact Us if you have any questions, comments or if you need information. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. My Supervisor complained about my limitations. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. 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.. 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. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. . The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. 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. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. Thank you for your cooperation and patience through this lengthy process. Our proposed Case Management Order is carefully tailored to this unprecedented case. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. 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 Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. (585) 272-0540 (tel) On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 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. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. You have come too far in the process to quit now. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). Just do the best that you can with any information that you know. We have filed an extension request with the Judge. Thank you. 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. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. 0720080054. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. 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! My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. However, settlement is not possible in every case. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. 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. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. (A copy of the Declaration form is available by clicking this link). We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. The next status conference is November 28, 2022. Our submission may be viewed here. We recommend that you retain the claim form documents for your records. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. For an evaluation of your circumstances and legal options, reach us online here. 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 request for information from us, please reply as soon as possible. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. The next status conference is scheduled for October 31, 2022 at 11:00 am. Please continue to check this website for updates. Your claim in this case is a personal asset. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. 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. Please continue to monitor the website for updates. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. The EEOC Administrative Judge held a status conference on November 19, 2019. Solomon Northup and Twelve Years a Slave: Analyzing . * indicates required information 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. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Nevertheless, those survey responses might help give you a starting point! 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. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. Please continue to monitor the website for further updates. 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 Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. Please continue to monitor this website for further updates. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. And please call or email us if you have questions. Thank you for your support, assistance, and patience throughout this claims process. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. We hope you and your loved ones are safe during these difficult times. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. Please check this website frequently for updates. 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. 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. Postal Service who have been subjected to [] We will take all steps necessary to provide the Judge with timely submissions for all our clients. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. 5. Thank you. The Judge has indicated a desire to resolve this issue promptly, if possible. As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. Please check this website for an update after the Status Conference on March 4, 2022. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. 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. Also, please note that not every client is being sent these forms at this time. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. Name * First Last . 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.