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We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. Detailed instructions on completing the Declaration form are available by clicking here. However, settlement is not possible in every case. 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. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Unfortunately, some of our clients in this case have passed away. 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. Continued patience is therefore required. There may be better options that would work in your benefit. As always, please continue to monitor this website for any updates. Other people used a different claim form, then filled out a written retainer agreement with our office. 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 sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. In order to access the recorded message, you will need to call a special phone number. 520-2010-00280X; Agency No. You may want to include specific examples of statements that were made to you on your Continuation sheet. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. We have not spoken with USPS attorneys about settlement of any claims. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. 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. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. 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. To learn more about the case, please visit NRPclassaction.com. Please call us if you have any questions about this. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Please continue to check our website for updates. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. Thank you. 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. 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. 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. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! In addition, you can use the continuation sheet of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as depression or anxiety), and medication prescribed as a result of the NRP. Also, please note that not every client is being sent these forms at this time. Please do not give up on your claims for relief! 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). Please continue to monitor this website for any updates. 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. 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. To the extent 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. 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 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.. (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. 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. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. The best way to get guidance on your specific legal issue is to contact a lawyer. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. 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. Your claim in this case is a personal asset. Such production took place over several months back in 2012 and 2013. We thank you all for your continued patience with this process. 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. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. 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. (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. Here is a copy of the Order. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. Introduction. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. EUC! Please continue to monitor this website for further updates. You have come too far in the process to quit now. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. This decision by EEOC-OFO means that the case remains fully before the EEOC Administrative Judge, and that she can use her discretion to find an appropriate method to have the claims reviewed and decided. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. 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. At the very latest, you must complete, sign and return the form to us by March 25, 2019. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. USPS continues its stubborn opposition to providing money relief to claimants. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Thank you for your continued patience! 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. 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. 5. 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. The Administrative Judge has not yet announced the process or timeline for reviewing claims. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Please continue to monitor our website for more updates in the coming weeks. 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. Thank you! 4B-140-0062-06. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. Please continue to monitor this website for updates on the case. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. We continue to fight for justice for all of the claimants in this case. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. 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. I was told that I would be sent to work for Walmart; or You will also need to fill out the Declaration. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. Our suggested claim form is easy to complete. 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. Please continue to check our website for updates in the coming weeks. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. My Supervisors or co-workers called me lazy due to my restrictions. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. Solomon Northup and Twelve Years a Slave: Analyzing . 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. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. 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. To schedule an employment law attorney consultation, please call or complete the intake form below. As always, we greatly appreciate your patience during this process. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! Just do the best that you can with any information that you know. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. 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. We strongly encourage timely cooperation if you receive the notice from the EEOC. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. Please continue to check this website for updates. 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. Without your patience and persistence, the Postal Service would have won without a fight. Please continue to monitor this website for status updates. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. 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. However, medical information can help support your claim for damages. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or There is still time to retain us. The judge may wish for a live hearing to determine the proper award for your claim. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. 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. 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. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. 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). (Our firms did not seek any such extension.) You should mail this letter to: USPS - NELU The Judge asked a few clarifying questions about the submissions. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. No. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. The next status conference is set for January 24, 2020. 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 .