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. 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. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Please continue to monitor the website for further updates. If you have questions about the NRP class action claims process, please review this FAQ section. And as always, please continue to monitor this website for any important updates. 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. You may want to include specific examples of statements that were made to you on your Continuation sheet. These forms are very short, and most clients will be able to complete these forms in five minutes or less. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. 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. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. So I understood that I had no option but to retire; or 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. We will represent you before an EEOC administrative judge. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) 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. We hope the EEOC will act quickly to restore order to this 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. 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. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. $24.99. This is a big victory for all claimants, and a giant step toward conclusion of this process. (585) 272-0540 (tel) You are also allowed to use your own paper. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. No new date has been scheduled, but please continue to check the website for updates. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. We will provide updated information regarding the process on this website. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. 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. 693 East Avenue No, your 30% contingency fee is only on the value of relief that you receive. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Rochester NY, 14607 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. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Please continue to monitor our website for updates. We will provide an update to the website as soon as the Judge issues a decision. 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. The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. 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. We believe the Postal Service must be held accountable for the consequences of its discrimination. 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. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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. 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). After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. (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. Please Note: Yes. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. Thank you for all of your patience. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. We continue to work with the judge to move this case forward toward a final resolution. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy. 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. You should mail this letter to: USPS - NELU Thank you for your prompt attention to this important task! These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. 10. 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 recommend that you keep a copy of your written Declaration and any supporting documents that you submit. 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 believe that this action by the Postal Service is improper. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. As you may be aware, USPS disputed every claim submitted in this case. The Order does not accept the plan proposed by Class Counsel. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. Your claim in this case is a personal asset. We do not yet have any estimate on the length of time that this process will take. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. We respond promptly to inquiries. 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. . 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. A copy of Class Counsel's motion is available by clicking here. Denver, CO 80202. Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. My Supervisor complained about my limitations. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. 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. The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. 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. My Supervisors or co-workers called me lazy due to my restrictions. Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. We will promptly update this website as soon as we have news to report. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. Whether you get any money and how much is determined by the EEOCs decision on your claim. If you did either of those two things, then there is no need to fill out another retainer agreement. Please know that we are fighting for you, just as we have done for over 10 years. Posted in Federal Worker Compensation, General, Postal Workers. Thank you for your cooperation and patience through this lengthy process. 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. 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. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. Appeal pending. 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. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. For example, we reported that there had been some confusing information provided by the EEOCs administrator. 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. 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. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. 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. The judge stressed that the EEOC is actively weighing different ways to move the process forward. Let us help you to fight for your rights. We greatly appreciate the Judges efforts. Detailed instructions on completing the Declaration form are available by clicking here. In order to access the recorded message, you will need to call a special phone number. 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. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. However, the employee must file the claim for damages by April 12, 2018. . The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. We will post an update on this website shortly after the Status Conference. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. To schedule an employment law attorney consultation, please call or complete the intake form below. 600 17th Street, Suite 1705-S Also, please note that not every client is being sent these forms at this time. 6. 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. 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. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Thank you for your support, assistance, and patience throughout this claims process. We will provide an update as soon as a decision is issued regarding our motion for sanctions. 5. 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. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. However, settlement is not possible in every case. Over the next few weeks, we will be sending out new forms to many of our clients to complete. 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.
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