Our attorneys continue to work on this case, and we are in regular contact with the Judge. We have notched many milestone successes in this case since 2006. No. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Thank you again for your cooperation and patience. You are also allowed to use your own paper. 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. For more information about the Pittman class action, please go to http://www.pittmanclass.com. The EEOC Administrative Judge held a status conference on November 19, 2019. If you have any updated contact information and have not yet provided it to our office, please call us at 585-272-0540 or email us at NRPClassAction@theemploymentattorneys.com. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 693 East Avenue The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. The comprehensive spreadsheet must be filed by July 18, 2022. View the law firm's profile for reviews, office locations, and contact information. And please call or email us if you have questions. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement. If you have questions about the NRP class action claims process, please review this FAQ section. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. 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. 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. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. 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. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. If you have not yet received a call back, you may try to call us again, and you may be able to get through. For better or worse, this case presents numerous potential impediments to wide-spread settlement. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. 4B-140-0062-06. 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. We thank you all for your continued patience with this process. A contingency fee is only paid if we obtain a recovery for you. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. You have come too far in the process to quit now. Please continue to monitor this website for updates on the case. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. 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 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. Yes. Let us help you to fight for your rights. 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.. 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 recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. 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. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. Please note that this does not directly relate to your claim in the NRP Class Action. Whether you get any money and how much is determined by the EEOCs decision on your claim. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Many class members who submitted claims for individual relief have received response letters from the Postal Service. For example, we reported that there had been some confusing information provided by the EEOCs administrator. 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! 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 will provide an update as soon as a decision is issued regarding our motion for sanctions. 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. 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. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. 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. We deeply appreciate your extraordinary patience as this lengthy process moves forward. To schedule an employment law attorney consultation, please call or complete the intake form below. For our clients, please provide your updated contact information to us. Merely submitting the claim form does not endanger your disability or social security claims. 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. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. 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. The Postal Service has sent forms to be completed by some claimants. Please continue to monitor this website for status updates. Postal Service who have been subjected to [] Please call us if you have any questions about this. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 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. No, your 30% contingency fee is only on the value of relief that you receive. 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. 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. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. The next status conference is scheduled for October 31, 2022 at 11:00 am. 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. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. 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. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. We cannot predict how long this process will take. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. 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. Additional Continuation Sheets and Witness Statement forms are available by clicking here. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. This is a big victory for all claimants, and a giant step toward conclusion of this process. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. 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. 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. There may be better options that would work in your benefit. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Thank you! In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Introduction. We will provide updated information regarding the process on this website. As you will see, our proposal addresses both fairness and efficiency. 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. The next status conference is set for January 24, 2020. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . 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. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. Please continue to monitor this website for any updates. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. $24.99. 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. Please continue to monitor this website over the upcoming weeks for additional important information. There is no action needed at this time on your individual claim. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. My Manager told me that I had no other option but to retire; or 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. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. 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.
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