The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Postal Service, EEOC Case No. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. 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. 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. 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. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 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. (A copy of the Declaration form is available by clicking this link). The judge may wish for a live hearing to determine the proper award for your claim. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. 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 . Recently many claimants have been asking about the timeline as to when claims will be evaluated. 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. Please continue to check the website for updates. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. We continue to respond to each call and email in the order received. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. 0720080054. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. 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. 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. 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. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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 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. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. Unfortunately, the Postal Service continues to dispute every single claim. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. At the status conference, USPS called more plays from this old playbook. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. You should include specific names of people that harassed you, and approximate dates to the best you can. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. As your attorneys, we agree with the Judges negative view of the opt-out process. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. 5. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). 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. This proposal is consistent with many other successful class actions. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Please continue to monitor this website for further updates. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . In the near future, we will address frequently asked questions regarding the form and evidence on this website. Therefore, these activity files should already be in the possession of Phase I Class Counsel. (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.) At this time, the Administrative Judge has not yet made her selection of Special Masters. 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. Thank 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. No, there has been no settlement of this case. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. I was told that I would be sent to work for Walmart; or My Supervisor complained about my limitations. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. We will promptly provide an update on this website as soon as that information is available. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . We are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed. 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. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Yes. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. For most people, it will take less than one hour to complete the Declaration. 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. We believe that this action by the Postal Service is improper. You may want to include specific examples of statements that were made to you on your Continuation sheet. The EEOC Administrative Judge held a status conference on November 19, 2019. We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. We will post an update on this website shortly after the Status Conference. If you receive a request from us for additional information, we urge you to respond as soon as possible. We are continuing the process of organizing this information as fast as possible. 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. We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. My Manager told me that I might be sent to work for Walmart or another company. 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. The EEOC has never been faced with a claimant class this large. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. During the status conference last week, the Judge clearly indicated a strong desire to move the claim process forward as fast as possible, while also appreciating the logistical challenges associated with a case involving 28,000+ individual claims. My Supervisor complained about my limitations. 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. 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. You can send a letter that states "I request a copy of my Claim Form from the Pittman class action," and provide your mailing address. The next status conference with the EEOC Judge is scheduled for August 2019. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) 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. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and 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. 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. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. The claims process is still moving forward. 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. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. We will promptly pursue this issue through the appropriate process. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. 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. As always, we greatly appreciate your patience during this process. 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. Posted in Federal Worker Compensation, General, Postal Workers. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. 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 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. 693 East Avenue 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 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Our team is standing by! (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). Separate Legal Personality (SLP) is the basic tenet on which company law is premised. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. 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. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. 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. As a reminder, the EEOC has not issued any decisions on any of the claims. 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. The best way to get guidance on your specific legal issue is to contact a lawyer. Here are 10 things for every claimant to know RIGHT NOW: 1. In addition, you can use the continuation sheet of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as depression or anxiety), and medication prescribed as a result of the NRP. 6. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. 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. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. If you receive a request for information from us, please reply as soon as possible. My Manager told me that I had no other option but to retire; or Federal courts commonly use Special Masters to assist with adjudication of complex class actions. 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. To learn more about the case, please visit NRPclassaction.com. Thank you for your support, assistance, and patience throughout this claims process. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. 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. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. 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. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. A contingency fee is only paid if we obtain a recovery for you. No. 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. 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. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. We organized and submitted all available documentation in accordance with the Case Management Order. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. Yes, we will include any documents you have provided to our office. We have recently received a final decision from the EEOC regarding our appeal. NRP Class Action is being handled by Thomas & Solomon LLP. You have come too far in the process to quit now. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Please continue to monitor our website for more updates in the coming weeks. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. 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. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. Thank you for your prompt attention to this important task! The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. You can access the Declaration (with instructions) by clicking here. If you retain us, your total contingency fee payment will be 30%. 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. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 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. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. 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.
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