We will provide an update after the status conference. Your claim in this case is a personal asset. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). The . Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. Our submission may be viewed here. 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. This is a big victory for all claimants, and a giant step toward conclusion of this process. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. 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. . Unfortunately, some of our clients in this case have passed away. Summary: The requirements of correctly constituting a limited company. 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. 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. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. My Supervisors or co-workers called me lazy due to my restrictions. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. We will provide an update to the website as soon as the Judge issues a decision. 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. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. During the status conference last week, the Judge clearly indicated a strong desire to move the claim process forward as fast as possible, while also appreciating the logistical challenges associated with a case involving 28,000+ individual claims. A copy of the Case Management Order is available by clicking here. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. The EEOC agreed with our position. We will provide you with written instructions on what to include to support your claim. We cannot predict how long this process will take. First, please know that we will continue fighting to get you the best possible award. 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. 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 updates. Please continue to check our website for updates in the coming weeks. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. 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. There will be a Spanish translation of the recording also available at the same number. 4. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. 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. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. Other people used a different claim form, then filled out a written retainer agreement with our office. We will post an update on this website shortly after the Status Conference. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. 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.. 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. Thank you. However, settlement is not possible in every case. Thomas & Solomon 585-272-0540. The Order does not accept the plan proposed by Class Counsel. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. 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 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. Thank you for your prompt attention to this important task! By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. $24.99. When the EEOC notice is issued, we will post a copy of it on this website. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. 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)? If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. The name of the case is McConnell v. U.S. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. There is not a magic number for how much information should be submitted. We continue to take every action possible to help the Judge move this process forward. 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. 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. Show the Postal Service that discrimination has consequences please submit a timely claim! 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. Again, if you have not yet 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 with the Judge by March 31. Please continue to monitor this website for updates on the case. 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. 520-2008-00053X. 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. 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. A contingency fee is only paid if we obtain a recovery for you. Thanks to all who have returned Declarations to us. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. Here is a copy of the Order. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. There is still time to retain us. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. This proposal is consistent with many other successful class actions. Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. 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. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. My Manager told me that I might be sent to work for Walmart or another company. 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. One important issue was decided during the status conference. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. Accordingly, it is a good idea to proceed cautiously. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. You can always reject any offer that is made to you by the Postal Service in the future. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. 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. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. 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. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. We deeply appreciate your extraordinary patience as this lengthy process moves forward. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. We organized and submitted all available documentation in accordance with the Case Management Order. 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 keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. 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. We wish all of you a joyous holiday season. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. 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. 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. To the extent 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. You are also allowed to use your own paper. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. We respond promptly to inquiries. To the best of our knowledge, the EEOC has never created a website devoted to a single case. Do you need to file an individual appeal from the FAD? 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. 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. Postal Service by employees with disabilities. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 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. 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. A copy of Class Counsel's motion is available by clicking here. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. In the near future, we will address frequently asked questions regarding the form and evidence on this website.

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