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Free shipping. 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). We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 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. We will promptly update this website as soon as we have news to report. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. Please continue to monitor this website over the upcoming weeks for additional important information. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. In the past few days, we have received a very large number of calls and emails related to this 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. The . 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. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. 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. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. Please continue to monitor the website for further updates. 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. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. We will promptly pursue this issue through the appropriate process. She also indicated that the EEOC intends to send a notice out of such website. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. Here is a copy of the Order. 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. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. 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. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. View the brief trailer from 12 Years a Slave (2013).. You are also allowed to use your own paper. Please continue to monitor this website for updates. 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. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The Order does not accept the plan proposed by Class Counsel. The judge may wish for a live hearing to determine the proper award for your claim. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. We strongly recommend that you do not opt out of this process. The name of the case is McConnell v. U.S. 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. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. 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. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. (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. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. 7. 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. 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). The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. You should receive a form in the mail by March 18, 2019. However, medical information can help support your claim for damages. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. 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. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com. 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. Please call us if you have any questions about this. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. 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. Please continue to monitor this website for any updates. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. 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. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. We have not spoken with USPS attorneys about settlement of any claims. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate. 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. 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. However, before you turn down any relief, you should speak with Class Counsel to explore your options. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. As explained by the Judge in the recent order: [T]he U.S. The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. The NRP has been rolled out in most USPS districts across the nation. 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. Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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). We are continuing the process of organizing this information as fast as possible. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. You will also need to fill out the Declaration. If you receive a request from us for additional information, we urge you to respond as soon as possible. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. If applicable to you, here are some possible short statements that can help explain what happened: Attorney website: www.nrpclassaction.com Attorney phone #s: 585 272 0540 or toll free 877 272 4066 The 30 day window to file a written claim (measured from the date a class member receives notice from the Postal Service) provides a short time period. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. For most claimants, filling out the form will take less than one hour. The Administrative Judge has asked our offices to provide any evidence that claims were timely. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. Thank you for your cooperation and patience through this lengthy process. Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to 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. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). The EEOC agreed with our position. We hope you and your loved ones are safe during these difficult times. There is no need for you to take any action at this time regarding the possibility of settlement. 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. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. 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). At Thomas & Solomon LLP, we forcefully protect those rights. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. We will provide an update to the website as soon as the Judge issues a decision. Thank you for all of your patience. See below for more information. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. We have recently received a final decision from the EEOC regarding our appeal. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Thomas & Solomon 585-272-0540. 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. At this time, the Administrative Judge has not yet made her selection of Special Masters. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. Yes, we will include any documents you have provided to our office. The next status conference is November 28, 2022. We will provide updated information regarding the process on this website. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. Please note: we are using email to send these forms to our clients to the greatest extent possible. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. 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. 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. 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. Accordingly, it is a good idea to proceed cautiously. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. NRP Class Action is being handled by Thomas & Solomon LLP. As previously reported, we have filed an extension request with the Judge. 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 Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. 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 While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. USPS continues its stubborn opposition to providing money relief to claimants. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. We also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. Ms. To learn more about the case, please visit NRPclassaction.com. Thanks as always for your ongoing patience, and your assistance in this case. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. Please check this website for updates. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. When the EEOC notice is issued, we will post a copy of it on this website. As always, we greatly appreciate your support and patience throughout this process. 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. Please check this website for an update after the Status Conference on March 4, 2022. In that case a final decision has been rendered in favor of the injured workers. 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. 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. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. * indicates required information 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. Posted in Federal Worker Compensation, General, Postal Workers. 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. 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. We thank you all for your continued patience with this process. 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 Judge has indicated a desire to resolve this issue promptly, if possible. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. 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. 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. 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. 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. All those who were harmed by the NRP discrimination should submit a timely written claim. My Supervisor complained about my limitations. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. Today we had another video conference call with the Administrative Judge. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. 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 will provide an update after the status conference. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. 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. 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. As a reminder, the EEOC website through the third-party administrator is not associated with our office. There is no action needed at this time on your individual claim. So I understood that I had no option but to retire; or These forms are very short, and most clients will be able to complete these forms in five minutes or less. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. The EEOC Administrative Judge held a status conference on November 19, 2019. In the case of Sandra McConnell, et al. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. 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. 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. To the extent Please continue to check our website for updates in the coming weeks. NRP Class Action Lawsuit Update - December, 2020 Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. However, attorneys and staff are working remotely, and we are monitoring our voicemail. 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. Show the Postal Service that discrimination has consequences please submit a timely claim! 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. 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. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. The next status conference with the EEOC Judge is scheduled for August 2019.