The conference lasted a little over two hours. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. 9. 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. 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. Posted in Federal Worker Compensation, General, Postal Workers. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Thanks as always for your ongoing patience, and your assistance in this case. 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. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. 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. We will continue to keep you posted on all major developments in the case. 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. Introduction. Merely submitting the claim form does not endanger your disability or social security claims. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. 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. At Thomas & Solomon LLP, we forcefully protect those rights. 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. There is still time to retain us. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). We are very grateful for the Judges willingness to discuss the possibility of settlement. 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. 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. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. The comprehensive spreadsheet must be filed by July 18, 2022. 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. 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. 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. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. 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. And please call or email us if you have questions. If applicable to you, here are some possible short statements that can help explain what happened: Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. The name of the case is McConnell v. U.S. The best way to get guidance on your specific legal issue is to contact a lawyer. Yes. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. 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 continue to respond to each call and email in the order received. These forms are very short, and most clients will be able to complete these forms in five minutes or less. 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. 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. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. In the past few days, we have received a very large number of calls and emails related to this case. We greatly appreciate your patience during this process. . We do not yet know what will be on the EEOC website, or when this will all happen. You have come too far in the process to quit now. Thank you again for your cooperation and patience. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 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. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. As always, we greatly appreciate your support and patience throughout this process. Postal Service, EEOC Case No. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. And as always, please continue to monitor this website for any important updates. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. You should mail this letter to: USPS - NELU One important issue was decided during the status conference. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. 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. That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. We will provide an update to the website as soon as the Judge issues a decision. The judge may wish for a live hearing to determine the proper award for your claim. 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. 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. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). (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. Thank you as always for your cooperation and support during the claim review process. The Judge has indicated a desire to resolve this issue promptly, if possible. 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. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. My Supervisor complained about my limitations. The EEOC Administrative Judge held a status conference on November 19, 2019. 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. There is not a magic number for how much information should be submitted. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Ms. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or Therefore, these activity files should already be in the possession of Phase I Class Counsel. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. For our clients, please provide your updated contact information to us. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. 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. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. As your attorneys, we agree with the Judges negative view of the opt-out process. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. However, the employee must file the claim for damages by April 12, 2018. . In that case a final decision has been rendered in favor of the injured workers. (Our firms did not seek any such extension.) My Supervisors or co-workers called me lazy due to my restrictions. The . Free shipping. View the brief trailer from 12 Years a Slave (2013).. 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. 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. As previously reported, we have filed an extension request with the Judge. 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. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. The call was very lengthy, lasting almost three hours. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. 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. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. 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. 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. 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. Legal Case Summary. 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. We will provide an update as soon as further news is available. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. If you have already done so, thank you! We will promptly update this website as soon as we have news to report. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. The next status conference is scheduled for October 31, 2022 at 11:00 am. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. Activity 1. 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. Please continue to monitor our website for more updates in the coming weeks. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. The Judge asked a few clarifying questions about the submissions. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. 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. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. Please Contact Us if you have any questions, comments or if you need information. There is no need at this time to send a copy of the Pittman claim form to our offices. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). The recording will be available 24 hours a day (7 days a week) until April 9, 2021. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. 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 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. Salomon v A Salomon and Co Ltd [1897] AC 22. 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.