On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . 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. 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). In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. At this time, the Administrative Judge has not yet made her selection of Special Masters. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. 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. Thank you as always for your cooperation and support during the claim review process. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. 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. And as always, please continue to monitor this website for any important updates. 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. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. The EEOC Administrative Judge held a status conference on November 19, 2019. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. We will provide you with written instructions on what to include to support your claim. The best way to get guidance on your specific legal issue is to contact a lawyer. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Legal Case Summary. (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.) 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. 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. If you receive a request from us for additional information, we urge you to respond as soon as possible. Please continue to monitor this website for updates on the case. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. 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. No. Our attorneys continue to work on this case, and we are in regular contact with the Judge. 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. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. You can see the order by clicking here. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Thank you. Postal Service who have been subjected to [] The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Continued patience is therefore required. 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. Many class members who submitted claims for individual relief have received response letters from the Postal Service. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. 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. 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. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. Please check this website for an update after the Status Conference on March 4, 2022. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. Unfortunately, some of our clients in this case have passed away. The Declaration form contains information that the EEOC Judge has requested for each claimant. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? 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. That work includes representing you in your individual claim through the entire EEOC claims process. 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. 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 will provide an update to the website as soon as the Judge issues a decision. In the case of Sandra McConnell, et al. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). Separate Legal Personality (SLP) is the basic tenet on which company law is premised. We thank you all for your continued patience with this process. 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. To schedule an employment law attorney consultation, please call or complete the intake form below. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. If you need another copy of the Disability Form to complete, please contact us 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. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. There is no action needed at this time on your individual claim. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. EEOC class action ruling re USPS Injured on the Job Employees Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. Our team is standing by! 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 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. 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. Thomas & Friends TrackMaster "JAMES" Motorized Train Engine 2009 WORKS While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes. 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 have questions that are not answered on the instructions or on this website, please call 585-272-0540. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. We are continuing the process of organizing this information as fast as possible. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. We believe the Postal Service must be held accountable for the consequences of its discrimination. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. My Supervisors or co-workers called me lazy due to my restrictions. You can access the Declaration (with instructions) by clicking here. We continue to take every action we can to ensure that this process moves forward as quickly as possible. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Please continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. Today we had another video conference call with the Administrative Judge. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow.
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