As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. You should receive a form in the mail by March 18, 2019. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). However, medical information can help support your claim for damages. 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 To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. At the very latest, you must complete, sign and return the form to us by March 25, 2019. 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. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. 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. The Judge asked a few clarifying questions about the submissions. 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, if you have not already provided us with a Disability Form (Supplemental Declaration Regarding Disability), you must provide that form to us right away so that it can be filed by March 31. All those who were harmed by the NRP discrimination should submit a timely written claim. Please continue to monitor the website for updates. Postal Service, EEOC Case No. 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 keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. The next status conference is set for January 24, 2020. 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 continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022. To the best of our knowledge, the EEOC has never created a website devoted to a single case. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. The Postal Service has sent forms to be completed by some claimants. 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. Here is a copy of the Order. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. We are responding to each call and email in the order received. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. 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. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. Please continue to monitor this website for any updates. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Introduction. The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. In the case of Sandra McConnell, et al. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. We greatly appreciate your patience during this process. 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. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. 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. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. As you may be aware, USPS disputed every claim submitted in this case. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. * 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 share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. Free shipping. 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. Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process. 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. You should mark the boxes for every statement that applies to your situation. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. Yes, we will include any documents you have provided to our office. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. Please continue to monitor this website for updates. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. To the extent However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Thank you! 4B-140-0062-06. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. Please check this website for an update after the Status Conference on March 4, 2022. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. (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.) Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. You are also allowed to use your own paper. 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. 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. In the near future, we will address frequently asked questions regarding the form and evidence on this website. We will continue to keep you posted on all major developments in the case. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). We hope you and your loved ones are safe during these difficult times. The Postal Service HAS NOT sent copies of these letters to your attorneys. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. Click here for a copy of the notice of appeal filed on July 12, 2018. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. USPS NRP Class Action Lawsuit Settlement - Juris Laws We have recently received a final decision from the EEOC regarding our appeal.