Thank you for your continued patience! 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. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. We appealed this improper action by the Postal Service. The McConnell Case (NRP Class Action) | Injured Federal Worker You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. No, there has been no settlement of this case. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. As explained by the Judge in the recent order: [T]he U.S. We will be in touch in the coming weeks if we need anything additional from you. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. 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. There will be a Spanish translation of the recording also available at the same number. My Supervisors or co-workers called me lazy due to my restrictions. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. 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. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. Please continue to monitor this website for any updates. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. 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 dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! We will take all steps necessary to provide the Judge with timely submissions for all our clients. The Judge expressed a hope that she could begin to review individual claims in late July or August. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. The EEOC has never been faced with a claimant class this large. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. EUC! Thank you. (Our firms did not seek any such extension.) v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. There is no action needed at this time on your individual claim. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. 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. Thank you for your cooperation and patience through this lengthy process. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. Detailed instructions on completing the Declaration form are available by clicking here. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. 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. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. We have not spoken with USPS attorneys about settlement of any claims. We respond promptly to inquiries. The Judge asked a few clarifying questions about the submissions. The EEOC Administrative Judge held a status conference on November 19, 2019. The Order does not accept the plan proposed by Class Counsel. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. To the extent You can access the Declaration (with instructions) by clicking here. However, before you turn down any relief, you should speak with Class Counsel to explore your options. I was told that I would be sent to work for Walmart; or The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". It is also ok to provide a persons position title if you dont remember a persons name. Thomas & Solomon 585-272-0540. 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. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. 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. We will provide an update after the status conference. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. It depends. 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. We hope you and your loved ones are safe during these difficult times. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. There is no need for you to take any action at this time regarding the possibility of settlement. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. No new date has been scheduled, but please continue to check the website for updates. 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. Thomas & Solomon - Employment Attorneys Rochester NY PDF UNITED STATES OF AMERICA - NRP Class Action 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. 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. 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. Click here for a copy of the notice of appeal filed on July 12, 2018. When the EEOC notice is issued, we will post a copy of it on this website. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. Salomon v A Salomon and Co Ltd [1897] AC 22. 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. At the status conference, USPS called more plays from this old playbook. 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. Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach A lengthy status conference was held with the Administrative Judge on May 13, 2019. 3. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. 4B-140-0062-06. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. We will provide an update to the website as soon as the Judge issues a decision. The . 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. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. We will continue to provide updates on this website as notable developments occur. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. Today we had another video conference call with the Administrative Judge. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. Postal Service, EEOC Case No. To the best of our knowledge, the EEOC has never created a website devoted to a single case. 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