We eagerly await the next conference with the Court and will provide an update when one has been scheduled. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. However, medical information can help support your claim for damages. A copy of Class Counsel's motion is available by clicking here. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! 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. 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. Postal Service, EEOC Case No. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. (See EEOC Management Directive 110,Chapter 8, Section XII.C.)
NRP Class Action Victory - Class Member Claims DUE NOW However, settlement is not possible in every case. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. 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. Welcome to the USPS Class Action Claim Website. The call was very lengthy, lasting almost three hours. My Supervisor complained about my limitations. 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. Again, do the best you can with the information you know. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. We strongly recommend that you do not opt out of this process. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. 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. 4. The Administrative Judge has asked our offices to provide any evidence that claims were timely. There is no need at this time to send a copy of the Pittman claim form to our offices. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or My Supervisors or co-workers called me lazy due to my restrictions. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Unfortunately, some of our clients in this case have passed away. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. 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 February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Declaration form contains information that the EEOC Judge has requested for each claimant. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 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. If you have already done so, thank you! 5. 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. Our suggested claim form is easy to complete. Thomas & Solomon 585-272-0540. (585) 272-0540 (tel)
The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Today we had another video conference call with the Administrative Judge. We will be in touch in the coming weeks if we need anything additional from you. In the case of Sandra McConnell, et al. 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. The Order also 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 that Class Member claimants are to submit their response briefs and evidence 20 days after that (although the Order notes that extensions to the deadlines may be permitted). We also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. Your claim in this case is a personal asset.
Thomas & Friends TrackMaster "JAMES" Motorized Train Engine 2009 WORKS RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Please continue to monitor our website for more updates in the coming weeks. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. 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 have questions related to filling out the Declaration form, please call us at 585-272-0540. 520-2010-00280X; Agency No. There is no action needed at this time on your individual claim. Please continue to check our website for updates. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. Our submission may be viewed here.
U. S. Postal Service National Reassessment Process ("NRP") is found to 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.
nrp class action | PostalReporter.com 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. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. The . The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. As always, please continue to monitor this website for any updates. 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. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. We continue to take every action possible to help the Judge move this process forward. 7. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. No new date has been scheduled, but please continue to check the website for updates. 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. 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. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 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. 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. At the very latest, you must complete, sign and return the form to us by March 25, 2019. (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.) We greatly appreciate the Judges efforts. 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. 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. 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. The judge may wish for a live hearing to determine the proper award for your claim. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. It depends. 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. We greatly appreciate your patience during this process. You should mark the boxes for every statement that applies to your situation. Such production took place over several months back in 2012 and 2013.
About Thomas & Solomon LLP | Thomas & Solomon Lawyers 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. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. 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. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. 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. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. 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. Rochester NY, 14607
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. 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. 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. 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. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. Please continue to monitor this website over the upcoming weeks for additional important information. * indicates required information 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. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. 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. Please continue to monitor this website for updates on the case. The Judge has indicated a desire to resolve this issue promptly, if possible. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. Please continue to check this website for updates. We respond promptly to inquiries.
PDF UNITED STATES OF AMERICA - NRP Class Action We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. * ATTORNEY ADVERTISING *
If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. We will provide an update as soon as further news is available. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 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. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . Please check this website frequently for updates. A contingency fee is only paid if we obtain a recovery for you. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Please check this website for an update after the Status Conference on March 4, 2022. Yes, the Postal Service should have provided us the NRP file for each person. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. Please Contact Us if you have any questions, comments or if you need information. 10. As you will see, our proposal addresses both fairness and efficiency. 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 you have not yet completed and returned the Declaration form to us, please do so as soon as possible. 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. We are continuing the process of organizing this information as fast as possible. My Manager told me that I might be sent to work for Walmart or another company. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. 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.
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. We appealed this improper action by the Postal Service. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. Recently many claimants have been asking about the timeline as to when claims will be evaluated. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. There will be a Spanish translation of the recording also available at the same number. 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. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. Please continue to monitor our website for more updates in the coming weeks. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. 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. Solomon Northup and Twelve Years a Slave: Analyzing . We believe that the Administrative Judge's news from today means that we should see some real progress in 2023 toward a final result for your claim in this case. 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.
NRP Class Action Update December 2020 - Postal Employee Network 8. For our clients, please provide your updated contact information to us. You can always reject any offer that is made to you by the Postal Service in the future.
U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC Federal courts commonly use Special Masters to assist with adjudication of complex class actions. 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. 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. 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. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. We will provide updated information regarding the process on this website. So I understood that I had no option but to retire; or
USPS Class Action Claims | Home A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. The Postal Service has sent forms to be completed by some claimants. 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.