are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 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. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. The EEOC Administrative Judge held a status conference on November 19, 2019. 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.. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. A copy of Class Counsel's motion is available by clicking here. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. We greatly appreciate the Judges efforts. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. 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. 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. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. We strongly encourage timely cooperation if you receive the notice from the EEOC. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. On March 8, 2021, we followed the EEOC Administrative Judges orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. 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. 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. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. 5. 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. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. 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. Also, please note that not every client is being sent these forms at this time. 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. NRP Class Action is being handled by Thomas & Solomon LLP. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. Thank you for your continued patience! The claims process is still moving forward. 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. 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. However, medical information can help support your claim for damages. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. As your attorneys, we agree with the Judges negative view of the opt-out process. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. In any event, please rest assured that we will return all messages. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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 agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. 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. 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. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. 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. 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. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. In order to access the recorded message, you will need to call a special phone number. 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. 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 have not spoken with USPS attorneys about settlement of any claims. 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. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief. There may be better options that would work in your benefit. The Judge asked a few clarifying questions about the submissions. 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. 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. That work includes representing you in your individual claim through the entire EEOC claims process. A copy of the Case Management Order is available by clicking here. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. In the case of Sandra McConnell, et al. No, your 30% contingency fee is only on the value of relief that you receive. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. If you receive a request for information from us, please reply as soon as possible. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 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. Our proposed Case Management Order is carefully tailored to this unprecedented case. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. To schedule an employment law attorney consultation, please call or complete the intake form below. 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 patience. 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. 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. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. The conference lasted a little over two hours. The EEOC agreed with our position. 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. You should complete, sign and return the Declaration form to our offices as soon as possible. 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. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. 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. Thank you! When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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. As the Judge noted in her decision, the value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP.. And as always, please continue to monitor this website for any important updates. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. 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. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. We hope you and your loved ones are safe during these difficult times. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. My Supervisor complained about my limitations. We have recently received a final decision from the EEOC regarding our appeal. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay.
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