With the recent dismissals of the USPS final action and appeals of the Administrative Judges orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future. 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. My Manager told me that I might be sent to work for Walmart or another company. 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. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. Please continue to check this website for updates. See below for more information. 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. 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. We continue to work with the judge to move this case forward toward a final resolution. Just do the best that you can with any information that you know. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. Thomas & Solomon LLP We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. The NRP has been rolled out in most USPS districts across the nation. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. 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. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). 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. (585) 272-0540 (tel) 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! Your claim in this case is a personal asset. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. Updates - NRP Class Action Lawsuit The EEOC has never been faced with a claimant class this large. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. 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. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. Thanks as always for your ongoing patience, and your assistance in this case. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. The Judge partially granted our motion. Yes. 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. 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. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. As always, we greatly appreciate your support and patience throughout this process. We greatly appreciate your patience during this process. The Postal Service has sent forms to be completed by some claimants. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. 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. We are continuing the process of organizing this information as fast as possible. In the past few days, we have received a very large number of calls and emails related to this case. 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. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. We have not spoken with USPS attorneys about settlement of any claims. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. 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. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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. There is no need for you to take any action at this time regarding the possibility of settlement. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. There may be better options that would work in your benefit. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. Of note, we may request feedback or clarification from some Claimants in the next few weeks. * ATTORNEY ADVERTISING * Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate date. As a reminder, the EEOC has not issued any decisions on any of the claims. While GODADDY.COM LLC was its first registrar, . They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or As always, please continue to monitor this website for any updates. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. We are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019. 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. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. And as always, please continue to monitor this website for any important updates. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. You can access the Declaration (with instructions) by clicking here. 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. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Many of you have asked about the next steps in the EEOC process. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. 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. 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. You can see the order by clicking here. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. As always, we greatly appreciate your patience during this process. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. 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. Detailed instructions on completing the Declaration form are available by clicking here. Our team is standing by! 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. 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. Denver, CO 80202. The best way to get guidance on your specific legal issue is to contact a lawyer. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. 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. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. 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. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. 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. If applicable to you, here are some possible short statements that can help explain what happened: 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. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. Yes, the Postal Service should have provided us the NRP file for each person. Yes. 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. 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. Please continue to check the website for updates. USPS continues its stubborn opposition to providing money relief to claimants. 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. 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. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. However, the employee must file the claim for damages by April 12, 2018. . 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. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. 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. The Administrative Judge has not yet announced the process or timeline for reviewing claims. My Supervisors or co-workers called me lazy due to my restrictions. 3. The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. U.S. 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. Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon US Postal Services Settles Discrimination Class Action for $17.3M Twelve Years a Slave: Was the Case of Solomon Northup Exceptional 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. Thank you. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. 4B-140-0062-06. These forms are very short, and most clients will be able to complete these forms in five minutes or less. The next status conference is November 28, 2022. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Please Note: My Supervisor complained about my limitations. To see the Motion that was filed, CLICK HERE. 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. That work includes representing you in your individual claim through the entire EEOC claims process. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. 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. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. 7. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. 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. 600 17th Street, Suite 1705-S If you have any additional documents, please make sure to include them with the completed Declaration. Postal Service, EEOC Case No. 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. The Order states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019, and then Claimants have 20 days to submit their legal brief and evidence. We will promptly pursue this issue through the appropriate process. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. 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. Thank you for your cooperation and patience through this lengthy process. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Salomon v A Salomon and Co Ltd [1897] AC 22. As your attorneys, we agree with the Judges negative view of the opt-out process. There is no action needed at this time on your individual claim. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. It is also ok to provide a persons position title if you dont remember a persons name. We will provide an update as soon as a decision is issued regarding our motion for sanctions. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. 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. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries.
Ucla Undergraduate Research Assistant, Articles T