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. It depends. 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. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. 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. At the status conference, USPS called more plays from this old playbook. We have notched many milestone successes in this case since 2006. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Thank you for your continued patience! Home | NRP Class Action A significant amount of legal work remains to be accomplished as we press forward on every front. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. My Supervisor complained about my limitations. At this time, the Administrative Judge has not yet made her selection of Special Masters. However, attorneys and staff are working remotely, and we are monitoring our voicemail. That work includes representing you in your individual claim through the entire EEOC claims process. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. 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. 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. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. A copy of the Case Management Order is available by clicking here. 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. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. 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. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. Over the next few weeks, we will be sending out new forms to many of our clients to complete. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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). We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 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. 2. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. My Manager told me that I might be sent to work for Walmart or another company. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. So I understood that I had no option but to retire; or, I was told that I would be sent to work for Walmart; or, They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or, They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. 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. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit Yes. 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. 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. The Judge went on to explain that although claimants themselves can seek a FAD and thus leave this case, the Judge also said it is: unclear why any claimant would opt out of the class and seek a FAD. 520-2008-00053X. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC 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. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. One important issue was decided during the status conference. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. 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. No new date has been scheduled, but please continue to check the website for updates. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. Thank you for all of your patience. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. So I understood that I had no option but to retire; or Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. NRP Class Action Lawsuit Update - December, 2020 As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. You should mail this letter to: USPS - NELU 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. 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. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date. In the near future, we will address frequently asked questions regarding the form and evidence on this website. Do you need to file an individual appeal from the FAD? Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. 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. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. Ms. 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 EEOC Judge now has submissions from both sides regarding relief for all Claimants. 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.. 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. Please continue to monitor this website for any updates. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Some 41,000 past and. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Click here for a copy of the notice of appeal filed on July 12, 2018. * (A copy of the Declaration form is available by clicking this link). However, the employee must file the claim for damages by April 12, 2018. . Salomon v A Salomon and Co Ltd [1897] AC 22. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. 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. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Recently many claimants have been asking about the timeline as to when claims will be evaluated. 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. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. 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. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Salomon v A Salomon & Co Ltd - Wikipedia We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. 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. 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. We will provide an update to the website as soon as the Judge issues a decision. 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. We organized and submitted all available documentation in accordance with the Case Management Order. To the extent Additional Continuation Sheets and Witness Statement forms are available by clicking here. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. For better or worse, this case presents numerous potential impediments to wide-spread settlement. As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. Thank you again for your cooperation and patience. Nevertheless, those survey responses might help give you a starting point! 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 Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. We wish all of you a joyous holiday season. We have recently received a final decision from the EEOC regarding our appeal. Please do not give up on your claims for relief! Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. 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, but before you call us please review the cover letter and all instructions in the mailing and on this website. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. 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. 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. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. The next status conference with the EEOC Judge is scheduled for August 2019. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. If you receive nothing as a result of your claim, you would owe us nothing. 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 may wish for a live hearing to determine the proper award for your claim. As the Judge noted in her decision, the value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP.. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. Please know that we are fighting for you, just as we have done for over 10 years. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. Thomas & Solomon 585-272-0540. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened:
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