We will promptly pursue this issue through the appropriate process. 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. 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. NRP Class Action Lawsuit Updates (February - May 2022) 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. NRP Class Action Victory - Class Member Claims DUE NOW Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens You should mark the boxes for every statement that applies to your situation. Current status of the NRP class action case - Postal Times In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. At this time, the Administrative Judge has not yet made her selection of Special Masters. (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.) 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. Therefore, these activity files should already be in the possession of Phase I Class Counsel. 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. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. 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. The claims process is still moving forward. However, medical information can help support your claim for damages. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Thank you. We hope the EEOC will act quickly to restore order to this process. Our submission may be viewed here. We will provide you with written instructions on what to include to support your claim. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. As your attorneys, we agree with the Judges negative view of the opt-out process. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. The judge stressed that the EEOC is actively weighing different ways to move the process forward. 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. Nrpclassaction.com: Home | NRP Class Action Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. My Supervisor complained about my limitations. 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. Yes. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. Thank you again for your cooperation and patience. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. Please continue to check the website for updates. As you will see, our proposal addresses both fairness and efficiency. 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. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. 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! 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. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. Let us help you to fight for your rights. 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. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Activity 1. Rochester NY, 14607 Such production took place over several months back in 2012 and 2013. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. The conference lasted a little over two hours. 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. 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.. The Judge expressed a hope that she could begin to review individual claims in late July or August. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. 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. Posted in Federal Worker Compensation, General, Postal Workers. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. 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. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. 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. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Here are 10 things for every claimant to know RIGHT NOW: 1. 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. Please continue to check our website for updates in the coming weeks. We will post an update to this webpage as soon as a ruling is issued on this Motion. The Postal Service HAS NOT sent copies of these letters to your attorneys. 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. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. 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. US Postal Services Settles Discrimination Class Action for $17.3M Yes. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. If you receive a request from us for additional information, we urge you to respond as soon as possible. We continue to fight for justice for all of the claimants in this case. 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. 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. We will provide an update as soon as a decision is issued regarding our motion for sanctions. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. NRP Class Action Lawsuit Update - December, 2020 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. NRP Class Action Update December 2020 - Postal Employee Network TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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). 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. 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. 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. We will post status updates on the claims process on this website. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. 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. You do not need to send us documents that you already sent us. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. The EEOC Administrative Judge held a status conference on November 19, 2019. Many of you have asked about the next steps in the EEOC process. 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. Our attorneys continue to work on this case, and we are in regular contact with the Judge. To learn more about the case, please visit NRPclassaction.com. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. EUC! The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. 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). You can access the Declaration (with instructions) by clicking here. 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. On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive. 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. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. 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. 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. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). We strongly encourage timely cooperation if you receive the notice from the EEOC. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. 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 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. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. Please continue to monitor this website for updates. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. Additional Continuation Sheets and Witness Statement forms are available by clicking here. Postal Service who have been subjected to [] Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). 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. nrp class action | PostalReporter.com The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 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. 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. 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. We organized and submitted all available documentation in accordance with the Case Management Order. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. 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. 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. Thank you for all of your patience. Postal Service, EEOC Case No. The Order does not accept the plan proposed by Class Counsel. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 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. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. Welcome to the USPS Class Action Claim Website. You are also allowed to use your own paper. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. Ms. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 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. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Prior to the conference, the EEOC began analyzing the data at an overview level, and was prepared with a series of questions for both sides about the submitted data. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. 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. Whether you get any money and how much is determined by the EEOCs decision on your claim. No. USPS continues its stubborn opposition to providing money relief to claimants. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. We hope you and your loved ones are safe during these difficult times. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. 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. 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. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. For more information about the Pittman class action, please go to http://www.pittmanclass.com. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. 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. Please continue to monitor this website for further updates. US Postal Service censured for forcing out disabled staff 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 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. There may be better options that would work in your benefit. 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. Show the Postal Service that discrimination has consequences please submit a timely claim! 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. 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.