We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. 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. 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. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 7. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. 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. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. There may be better options that would work in your benefit. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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. Please Note: We recommend that you retain the claim form documents for your records. NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. 6. You should include specific names of people that harassed you, and approximate dates to the best you can. My Manager told me that I might be sent to work for Walmart or another company. 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. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Your claim in this case is a personal asset. Postal Service, EEOC Case No. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. The . Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. Show the Postal Service that discrimination has consequences please submit a timely claim! We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. 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. Name * First Last . Introduction. 5. 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. Recently many claimants have been asking about the timeline as to when claims will be evaluated. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. The call was fairly brief. Please check this website for an update after the Status Conference on March 4, 2022. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. 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. My Supervisor complained about my limitations. USPS continues its stubborn opposition to providing money relief to claimants. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. For most claimants, filling out the form will take less than one hour. An update will be provided following the May 12, 2022 status conference. Posted in Federal Worker Compensation, General, Postal Workers. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). Put another way, for all claimants who hired our law firms, we will not cease our fight on your behalf until the Postal Service provides a fair and reasonable resolution, or there is a final EEOC decision on your claim, whichever occurs first. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. So I understood that I had no option but to retire; or We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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. You can see the order by clicking here. 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. We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. 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. 10. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. (Our firms did not seek any such extension.) Denver, CO 80202. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge. Click here to see the latest news on the case. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. Can I be reinstated to my USPS job now while this relief process is ongoing? We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. Please note: we are using email to send these forms to our clients to the greatest extent possible. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. The Judge partially granted our motion. In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy. 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. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. Postal Service by employees with disabilities. Salomon v A Salomon and Co Ltd [1897] AC 22. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. 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. 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. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. My Supervisors or co-workers called me lazy due to my restrictions. You may want to include specific examples of statements that were made to you on your Continuation sheet. Therefore, these activity files should already be in the possession of Phase I Class Counsel. To the best of our knowledge, the EEOC has never created a website devoted to a single case. For most people, it will take less than one hour to complete the Declaration. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. The conference lasted a little over two hours. 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. We thank you all for your continued patience with this process. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. If applicable to you, here are some possible short statements that can help explain what happened: Over the next few weeks, we will be sending out new forms to many of our clients to complete. Thanks as always for your ongoing patience, and your assistance in this case. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 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. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. If you would like to retain our firms at this time to represent you in your individual claim, please let us know immediately, and we will send you a retainer letter that must be signed by you and returned to our office. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). The Judge set deadlines by which the parties must submit their portions of the spreadsheet. In this case, the EEOC will appoint five Special Masters who will each have broad discretion to recommend damages and relief for the claims presented to them. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. The comprehensive spreadsheet must be filed by July 18, 2022. Do you need to file an individual appeal from the FAD? We have not spoken with USPS attorneys about settlement of any claims. We will represent you before an EEOC administrative judge. 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. We have filed an extension request with the Judge. 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 keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. For our clients, please provide your updated contact information to us. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. Yes. No. 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 status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. If you receive a request for information from us, please reply as soon as possible. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. It is also ok to provide a persons position title if you dont remember a persons name. Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. 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. As always, please continue to monitor this website for any updates. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. 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 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Thank you again for your cooperation and patience. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. 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. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. 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 promptly provide an update on this website as soon as that information is available. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. We will provide you with written instructions on what to include to support your claim. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. There is no need for you to take any action at this time regarding the possibility of settlement. Please continue to monitor this website for status updates.