thomas and solomon nrp class action
The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. 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. 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. The EEOC Administrative Judge held a status conference on November 19, 2019. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. Please continue to check this website for updates. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. Accordingly, it is a good idea to proceed cautiously. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. Yes, we will include any documents you have provided to our office. 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. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. You should complete, sign and return the Declaration form to our offices as soon as possible. My Manager told me that I might be sent to work for Walmart or another company. 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. These forms are very short, and most clients will be able to complete these forms in five minutes or less. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. 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. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. We will provide you with written instructions on what to include to support your claim. Please continue to monitor the website for further updates. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. Please continue to monitor this website for further updates. For most people, it will take less than one hour to complete the Declaration. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. Name * First Last . 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)? Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. 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. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. 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. 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. There is no need at this time to send a copy of the Pittman claim form to our offices. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. Thank you for your cooperation and patience through this lengthy process. 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! We will post status updates on the claims process on this website. If you have questions about the NRP class action claims process, please review this FAQ section. 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. 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. 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. 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. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). 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. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. . We will promptly provide an update on this website as soon as that information is available. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. Yes. We thank you all for your continued patience with this process. For example, we reported that there had been some confusing information provided by the EEOCs administrator. 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. Thank you as always for your cooperation and support during the claim review process. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. 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. Our team is standing by! You may want to include specific examples of statements that were made to you on your Continuation sheet. You should include specific names of people that harassed you, and approximate dates to the best you can. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. The Postal Service has sent forms to be completed by some claimants. Do you need to file an individual appeal from the FAD? 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.. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. We hope you and your loved ones are safe during these difficult times. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. Of note, we may request feedback or clarification from some Claimants in the next few weeks. Unfortunately, the Postal Service continues to dispute every single claim. 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 note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. 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. Solomon Northup and Twelve Years a Slave: Analyzing . By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. 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. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 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: 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. Continued patience is therefore required. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. We continue to respond to each call and email in the order received. And as always, please continue to monitor this website for any important updates. The EEOC has never been faced with a claimant class this large. For our clients, please provide your updated contact information to us. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. My Supervisors or co-workers called me lazy due to my restrictions. * We will provide updated information regarding the process on this website. The next status conference is set for January 24, 2020. Please continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022. For better or worse, this case presents numerous potential impediments to wide-spread settlement. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. For most claimants, filling out the form will take less than one hour. I was told that I would be sent to work for Walmart; or Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. The judge stressed that the EEOC is actively weighing different ways to move the process forward. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. Please continue to monitor this website for any updates. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Thanks as always for your ongoing patience, and your assistance in this case. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or We wish all of you a joyous holiday season. Unfortunately, some of our clients in this case have passed away. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. Our suggested claim form is easy to complete. 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. 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. 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. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. We will continue to provide updates on this website as notable developments occur. Again, there is no need for you to take any action at this time regarding the possibility of settlement. 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. Such production took place over several months back in 2012 and 2013. 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. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. We will provide an update as soon as further news is available. 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. There is no action needed at this time on your individual claim. The NRP has been rolled out in most USPS districts across the nation. 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. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. Some 41,000 past and. In any event, please rest assured that we will return all messages. A copy of the Case Management Order is available by clicking here. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. Thank you. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. However, before you turn down any relief, you should speak with Class Counsel to explore your options. Welcome to the USPS Class Action Claim Website. However, attorneys and staff are working remotely, and we are monitoring our voicemail. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. As always, please continue to monitor this website for any updates. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. 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.