Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. 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. 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. 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. For example, we reported that there had been some confusing information provided by the EEOCs administrator. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. We are responding to each call and email in the order received. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. We appealed this improper action by the Postal Service. Solomon Northup and Twelve Years a Slave: Analyzing . Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. That work includes representing you in your individual claim through the entire EEOC claims process. To see the Motion that was filed, CLICK HERE. 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. 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. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. 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. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. 0720080054. Of note, we may request feedback or clarification from some Claimants in the next few weeks. 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. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. We have recently received a final decision from the EEOC regarding our appeal. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. View the law firm's profile for reviews, office locations, and contact information. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. However, attorneys and staff are working remotely, and we are monitoring our voicemail. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. 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. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Click here to see the latest news on the case. 3. 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. 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. Thank you. 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. 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. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. 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. 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. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. Please check this website frequently for updates. Please note: we are using email to send these forms to our clients to the greatest extent possible. At the very latest, you must complete, sign and return the form to us by March 25, 2019. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Nevertheless, those survey responses might help give you a starting point! In the case of Sandra McConnell, et al. View the brief trailer from 12 Years a Slave (2013).. My Manager told me that I might be sent to work for Walmart or another company. We recommend that you retain the claim form documents for your records. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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. And as always, please continue to monitor this website for any important updates. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. An update will be provided following the May 12, 2022 status conference. There is no action needed at this time on your individual claim. If you have already done so, thank you! In the near future, we will address frequently asked questions regarding the form and evidence on this website. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. In order to access the recorded message, you will need to call a special phone number. No new date has been scheduled, but please continue to check the website for updates. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. The claims process is still moving forward. 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. 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. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. We greatly appreciate the Judges efforts. 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? If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. Denver, CO 80202. For more information about the Pittman class action, please go to http://www.pittmanclass.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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. 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. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. At the end of todays status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. For most claimants, filling out the form will take less than one hour. 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. 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. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. Here are 10 things for every claimant to know RIGHT NOW: 1. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. We are very grateful for the Judges willingness to discuss the possibility of settlement. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. If you have questions about the NRP class action claims process, please review this FAQ section. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. A contingency fee is only paid if we obtain a recovery for you. You should mail this letter to: USPS - NELU 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. We have not spoken with USPS attorneys about settlement of any claims. We do not yet know what will be on the EEOC website, or when this will all happen. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. 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 . Please continue to monitor the website for updates. 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 that case a final decision has been rendered in favor of the injured workers. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. However, before you turn down any relief, you should speak with Class Counsel to explore your options. No, your 30% contingency fee is only on the value of relief that you receive. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. 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 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. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. If you receive a request from us for additional information, we urge you to respond as soon as possible. Other people used a different claim form, then filled out a written retainer agreement with our office. There may be better options that would work in your benefit. 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. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. 600 17th Street, Suite 1705-S We believe the Postal Service must be held accountable for the consequences of its discrimination. Thank you for your support, assistance, and patience throughout this claims process. 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. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. The EEOC Administrative Judge held a status conference on November 19, 2019. 520-2008-00053X. We will take all steps necessary to provide the Judge with timely submissions for all our clients. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. The call was fairly brief. The Postal Service is disrupting the process by issuing premature FADs. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 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. NRP Class Action is being handled by Thomas & Solomon LLP. As a reminder, the EEOC website through the third-party administrator is not associated with our office. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. We will represent you before an EEOC administrative judge. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. You should receive a form in the mail by March 18, 2019. 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. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. We cannot predict how long this process will take. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. 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. We will promptly provide an update on this website as soon as that information is available. If you retain us, your total contingency fee payment will be 30%. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. 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. We continue to fight for justice for all of the claimants in this case. 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. The Judge asked a few clarifying questions about the submissions. We have filed an extension request with the Judge. As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. 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 will continue to provide updates on this website as notable developments occur. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim.
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