thomas and solomon nrp class action

EUC! No. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. As a reminder, the EEOC website through the third-party administrator is not associated with our office. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. Please check this website frequently for updates. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. As always, we greatly appreciate your patience during this process. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. We will represent you before an EEOC administrative judge. 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. Our goal is to get this matter resolved in a fair way as quickly as possible. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. Thank you as always for your cooperation and support during the claim review process. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. We have not spoken with USPS attorneys about settlement of any claims. With the recent dismissals of the USPS final action and appeals of the Administrative Judges orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. We hope the EEOC will act quickly to restore order to this process. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. My Manager told me that I might be sent to work for Walmart or another company. We strongly encourage timely cooperation if you receive the notice from the EEOC. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. You can see the order by clicking here. Please continue to monitor this website over the upcoming weeks for additional important information. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. 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. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. 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. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on claims. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. 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. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. We do not yet have any estimate on the length of time that this process will take. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! Please continue to check this website for updates. Of note, we may request feedback or clarification from some Claimants in the next few weeks. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Such production took place over several months back in 2012 and 2013. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. The next status conference is November 28, 2022. Please Note: Please continue to monitor this website for updates. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 4B-140-0062-06. 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. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. If you have already done so, thank you! 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. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. 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. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. In order to access the recorded message, you will need to call a special phone number. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. The Judge expressed a hope that she could begin to review individual claims in late July or August. Our offices will be in touch with you when you need to take additional steps. 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. 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. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Name * First Last . If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. If you receive nothing as a result of your claim, you would owe us nothing. We continue to take every action we can to ensure that this process moves forward as quickly as possible. 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. 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. Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security. 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. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. The conference lasted a little over two hours. 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. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. These forms are very short, and most clients will be able to complete these forms in five minutes or less. The next status conference is set for January 24, 2020. 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. However, before you turn down any relief, you should speak with Class Counsel to explore your options. My Manager told me that I might be sent to work for Walmart or another company. When the EEOC notice is issued, we will post a copy of it on this website. 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. She also indicated that the EEOC intends to send a notice out of such website. This proposal is consistent with many other successful class actions. Please check this website for an update after the Status Conference on March 4, 2022. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 2. In the past few weeks, we received a very large number of calls and emails related to this case. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. This decision by EEOC-OFO means that the case remains fully before the EEOC Administrative Judge, and that she can use her discretion to find an appropriate method to have the claims reviewed and decided. Introduction. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. 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. Please continue to check this website for updates. However, the employee must file the claim for damages by April 12, 2018. . Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. 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. Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. 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. Thank you for all of your patience. Please check this website for updates. 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. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. Other people used a different claim form, then filled out a written retainer agreement with our office. Denver, CO 80202. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. There is still time to retain us. 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)? Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. 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). The best way to get guidance on your specific legal issue is to contact a lawyer. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. 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. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. Please continue to monitor our website for more updates in the coming weeks. Please continue to check our website for updates in the coming weeks. To the extent 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. There is no need at this time to send a copy of the Pittman claim form to our offices. 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. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Please know that we are fighting for you, just as we have done for over 10 years. Thank you for your cooperation and patience through this lengthy process. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Appeal pending. 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. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. Many class members who submitted claims for individual relief have received response letters from the Postal Service. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. 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. We will provide updated information regarding the process on this website. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. 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 the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. 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! 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. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. As you may be aware, USPS disputed every claim submitted in this case. Free shipping. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. 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. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. 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.. Ms. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. Please continue to monitor our website for more updates in the coming weeks. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. We will post an update on this website shortly after the Status Conference. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. There is no need for you to take any action at this time regarding the possibility of settlement. 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. 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. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. 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. For our clients, please provide your updated contact information to us. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. In the near future, we will address frequently asked questions regarding the form and evidence on this website. My Manager told me that I had no other option but to retire; or Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member's claim for relief. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. We will post status updates on the claims process on this website. We have recently received a final decision from the EEOC regarding our appeal. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. The next status conference is scheduled for October 31, 2022 at 11:00 am. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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. Our team is standing by! We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. The judge stressed that the EEOC is actively weighing different ways to move the process forward. Let us help you to fight for your rights. We strongly recommend that you do not opt out of this process. 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 updates on the case. Detailed instructions on completing the Declaration form are available by clicking here. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. Unfortunately, some of our clients in this case have passed away. Please continue to monitor this website for further updates. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. Activity 1. We will continue to keep you posted on all major developments in the case. 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. To see the Motion that was filed, CLICK HERE. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. 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. 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.

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