USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. $24.99. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. 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. 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. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. Yes. * Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 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. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now We recommend that you retain the claim form documents for your records. Appeal pending. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. 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. Our offices also agreed to provide some additional information that should assist the process which was obtained from the Postal Service during the course of the litigation and should provide the EEOC Judge with much of the requested information. Many of you have asked about the next steps in the EEOC process. The EEOC has never been faced with a claimant class this large. We have not spoken with USPS attorneys about settlement of any claims. 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. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. 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. The Postal Service is disrupting the process by issuing premature FADs. A copy of the Case Management Order is available by clicking here. 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. 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 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. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. 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. For most claimants, filling out the form will take less than one hour. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC No. NRP Class Action Victory - Class Member Claims DUE NOW 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. The Administrative Judge has asked our offices to provide any evidence that claims were timely. We have filed an extension request with the Judge. 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. Let us help you to fight for your rights. The Judge partially granted our motion. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. 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. Please note: we are using email to send these forms to our clients to the greatest extent possible. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Therefore, these activity files should already be in the possession of Phase I Class Counsel. You should complete, sign and return the Declaration form to our offices as soon as possible. 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. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. If you have already done so, thank you! My Manager told me that I might be sent to work for Walmart or another company. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. 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. 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. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. 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. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. 10. 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! We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. 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. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. No. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. A copy of Class Counsel's motion is available by clicking here. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. 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. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. Thank you! The best way to get guidance on your specific legal issue is to contact a lawyer. 520-2010-00280X; Agency No. 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. One important issue was decided during the status conference. The claims process is still moving forward. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. 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. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and In this way, todays Order marks a significant advance toward individual relief awards for each claimant. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. Many class members who submitted claims for individual relief have received response letters from the Postal Service. To see the Motion that was filed, CLICK HERE. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. 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. You may want to include specific examples of statements that were made to you on your Continuation sheet. Solomon Northup and Twelve Years a Slave: Analyzing . 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 USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. US Postal Services Settles Discrimination Class Action for $17.3M We continue to take every action possible to help the Judge move this process forward. However, medical information can help support your claim for damages. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. 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. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can.