Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. 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. It depends. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Thank you for all of your patience. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner.
USPS Could Owe Payouts to As Many As 130K Employees After Class-Action Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. One important issue was decided during the status conference. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. We strongly encourage timely cooperation if you receive the notice from the EEOC. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. You should mail this letter to: USPS - NELU 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. (Our firms did not seek any such extension.) 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. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? 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. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. We deeply appreciate your extraordinary patience as this lengthy process moves forward. As soon as the Judge issues a written 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. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. The Declaration form contains information that the EEOC Judge has requested for each claimant. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. 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. If you have already done so, thank 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. Postal Service, EEOC Case No. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. 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. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination 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! Federal courts commonly use Special Masters to assist with adjudication of complex class actions. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. 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. 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. In the case of Sandra McConnell, et al. 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. 0720080054. 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. The Postal Service is disrupting the process by issuing premature FADs. 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. The next status conference is set for January 24, 2020. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible.
Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP We will post status updates on the claims process on this website. In that case a final decision has been rendered in favor of the injured workers. We are responding to each call and email in the order received. Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC Judge. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or Detailed instructions on completing the Declaration form are available by clicking here. 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 Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. 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. Yes. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. 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. 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 retain us, your total contingency fee payment will be 30%. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. As a reminder, the EEOC has not issued any decisions on any of the claims. Our goal is to get this matter resolved in a fair way as quickly as possible. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. This proposal is consistent with many other successful class actions. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. The Postal Service HAS NOT sent copies of these letters to your attorneys. Whether you get any money and how much is determined by the EEOCs decision on your claim. 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. The judge stressed that the EEOC is actively weighing different ways to move the process forward. 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. 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. You should receive a form in the mail by March 18, 2019. 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). They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. Let us help you to fight for your rights. There is no need at this time to send a copy of the Pittman claim form to our offices. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. 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. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. 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. 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. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. We will continue to keep you posted on all major developments in the case. 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. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. Many class members who submitted claims for individual relief have received response letters from the Postal Service. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. 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. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. As you know, the EEOC has already entered a strong finding of discrimination against the Class as a whole, and we want to ensure that the claims process provides every Class Member a fair and reasonable opportunity to obtain all relief to which they are entitled under law, as efficiently as possible. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. In any event, please rest assured that we will return all messages. You are also allowed to use your own paper. We will provide an update to the website as soon as the Judge issues a decision. 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. 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. Also, please note that not every client is being sent these forms at this time. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 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. 693 East Avenue
Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. As you will see, our proposal addresses both fairness and efficiency. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). 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. First, please know that we will continue fighting to get you the best possible award.
Thomas & Solomon - Employment Attorneys Rochester NY Here are 10 things for every claimant to know RIGHT NOW: 1. Find many great new & used options and get the best deals for Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach - Hit Toy at the best online prices at eBay! Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. We do not yet know what will be on the EEOC website, or when this will all happen. 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. You should include specific names of people that harassed you, and approximate dates to the best you can. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. We will provide an update as soon as a decision is issued regarding our motion for sanctions. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. *
Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. We recommend that you retain the claim form documents for your records. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Yes, the Postal Service should have provided us the NRP file for each person. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. 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. 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. Appeal pending. 600 17th Street, Suite 1705-S 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. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. 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. 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: We have notched many milestone successes in this case since 2006. 7. For example, we reported that there had been some confusing information provided by the EEOCs administrator. 3. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. 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 more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. 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.
Victory in Usps Nrp Class Action: Claims for Money Awards Due Now Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. We are continuing the process of organizing this information as fast as possible. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 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. 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 have not spoken with USPS attorneys about settlement of any claims. 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. We continue to respond to each call and email in the order received.
US Postal Service censured for forcing out disabled staff 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. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Yes. No new date has been scheduled, but please continue to check the website for updates. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please continue to monitor this website for status updates. 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. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). Our goal, like yours, is to continue fighting for a fair and reasonable outcome. The EEOC has never been faced with a claimant class this large. 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.. It is also ok to provide a persons position title if you dont remember a persons name. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. While GODADDY.COM LLC was its first registrar, . In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. Thank you. Our law offices have also been impacted by the Covid-19 situation. 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 monitor our website for more updates in the coming weeks. Summary: The requirements of correctly constituting a limited company. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. We do not yet have any estimate on the length of time that this process will take. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. 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.
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