Thank you for your prompt attention to this important task! 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. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. We thank you all for your continued patience with this process. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? 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. We will provide an update as soon as a decision is issued regarding our motion for sanctions. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. 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. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. The Administrative Judge has not yet announced the process or timeline for reviewing claims. The Postal Service HAS NOT sent copies of these letters to your attorneys. 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. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. Show the Postal Service that discrimination has consequences please submit a timely claim! 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. 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. If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. No, your 30% contingency fee is only on the value of relief that you receive. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Many of you have asked about the next steps in the EEOC process. The . We greatly appreciate your patience during this process. * We will provide updated information regarding the process on this website. Thank you for your support, assistance, and patience throughout this claims process. 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. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. (Our firms did not seek any such extension.) Our goal is to get this matter resolved in a fair way as quickly as possible. There is not a magic number for how much information should be submitted. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Click here to see the latest news on the case. The next status conference is scheduled for October 31, 2022 at 11:00 am. 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). We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. If you have questions about the NRP class action claims process, please review this FAQ section. 5. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Welcome to the USPS Class Action Claim Website. 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. . Ms. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. We do not yet know what will be on the EEOC website, or when this will all happen. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. Today we had another video conference call with the Administrative Judge. You can access the Declaration (with instructions) by clicking here. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. We continue to fight for justice for all of the claimants in this case. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. Salomon v A Salomon and Co Ltd [1897] AC 22. We respond promptly to inquiries. Merely submitting the claim form does not endanger your disability or social security claims. We appealed this improper action by the Postal Service. However, the employee must file the claim for damages by April 12, 2018. . The Declaration form is designed to help you go through all the necessary questions in an efficient manner. 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. 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.. We will post status updates on the claims process on this website. 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. As always, please continue to monitor this website for any updates. 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. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. 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. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. Thanks as always for your ongoing patience, and your assistance in this case. You should mail this letter to: USPS - NELU Thank you for your continued patience! Please check this website for updates. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. Our proposed Case Management Order is carefully tailored to this unprecedented case. There is no need for you to take any action at this time regarding the possibility of settlement. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). For most people, it will take less than one hour to complete the Declaration. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. We strongly recommend that you do not opt out of this process. 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! It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Please know that we are fighting for you, just as we have done for over 10 years. If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. However, before you turn down any relief, you should speak with Class Counsel to explore your options. 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. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. If you receive a request from us for additional information, we urge you to respond as soon as possible. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. At the status conference, USPS called more plays from this old playbook. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. The best way to get guidance on your specific legal issue is to contact a lawyer. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. The name of the case is McConnell v. U.S. 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. If you have not yet received a call back, you may try to call us again, and you may be able to get through. I was told that I would be sent to work for Walmart; or We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. Please continue to check the website for updates. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 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. All those who were harmed by the NRP discrimination should submit a timely written claim. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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 check this website for updates. Thank you for your cooperation and patience through this lengthy process. For our clients, please provide your updated contact information to us. That work includes representing you in your individual claim through the entire EEOC claims process. In order to access the recorded message, you will need to call a special phone number. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. Our law offices have also been impacted by the Covid-19 situation. However, attorneys and staff are working remotely, and we are monitoring our voicemail. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. If you have already done so, thank you! 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. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Please call us if you have any questions about this. As always, we greatly appreciate your patience during this process. 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. While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. As a reminder, the EEOC has not issued any decisions on any of the claims. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. If you retain us, your total contingency fee payment will be 30%. 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. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. The NRP has been rolled out in most USPS districts across the nation. 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. Solomon Northup and Twelve Years a Slave: Analyzing . 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. Such production took place over several months back in 2012 and 2013. 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. 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. In the past few weeks, we received a very large number of calls and emails related to this case. 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. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023. We organized and submitted all available documentation in accordance with the Case Management Order. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. The Order states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019, and then Claimants have 20 days to submit their legal brief and evidence. 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. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Thank you again for your cooperation and patience. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. 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. 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. Click here for a copy of the notice of appeal filed on July 12, 2018. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. The claims process is still moving forward. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. Recently many claimants have been asking about the timeline as to when claims will be evaluated. Yes, we will include any documents you have provided to our office. (A copy of the Declaration form is available by clicking this link). No, there has been no settlement of this case. We will post an update to this webpage as soon as a ruling is issued on this Motion. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. An update will be provided following the May 12, 2022 status conference. 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. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. Our offices will be in touch with you when you need to take additional steps. 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. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. We will provide an update to the website as soon as the Judge issues a decision. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. The judge may wish for a live hearing to determine the proper award for your claim. The next status conference is November 28, 2022.
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