Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. My Supervisor complained about my limitations. The Postal Service is disrupting the process by issuing premature FADs. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. 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. 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. Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Activity 1. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. In order to access the recorded message, you will need to call a special phone number. First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. 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. 4. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. 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. 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. There is no need for you to take any action at this time regarding the possibility of settlement. As you may be aware, USPS disputed every claim submitted in this case. In any event, please rest assured that we will return all messages. The next status conference is set for January 24, 2020. Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. (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.) In this way, todays Order marks a significant advance toward individual relief awards for each claimant. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. We respond promptly to inquiries. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. 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. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. Name * First Last . Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. Please continue to monitor this website over the upcoming weeks for additional important information. 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. The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com. 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. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. 693 East Avenue If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. The comprehensive spreadsheet must be filed by July 18, 2022. Please note: we are using email to send these forms to our clients to the greatest extent possible. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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). 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. Detailed instructions on completing the Declaration form are available by clicking here. 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. We continue to respond to each call and email in the order received. No, there has been no settlement of this case. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. 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. We greatly appreciate the Judges efforts. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. 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 will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. Postal Service, EEOC Case No. 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. 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. The call was fairly brief. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. Our attorneys continue to work on this case, and we are in regular contact with the Judge. 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. 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. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. 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. Today we had another video conference call with the Administrative Judge. We cannot predict how long this process will take. Thank you. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. 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. Thank you for your support, assistance, and patience throughout this claims process. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this 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 best way to get guidance on your specific legal issue is to contact a lawyer. We are very grateful for the Judges willingness to discuss the possibility of settlement. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. As a reminder, the EEOC has not issued any decisions on any of the claims. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. We have recently received a final decision from the EEOC regarding our appeal. 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. 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 Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. Over the next few weeks, we will be sending out new forms to many of our clients to complete. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. However, medical information can help support your claim for damages. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. 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. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. The Order does not accept the plan proposed by Class Counsel. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. 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. Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below). Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. We greatly appreciate your patience during this process. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. 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. 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. A significant amount of legal work remains to be accomplished as we press forward on every front. Unfortunately, some of our clients in this case have passed away. You may want to include specific examples of statements that were made to you on your Continuation sheet. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. Yes, the Postal Service should have provided us the NRP file for each person. Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. 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. 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. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. (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. Thank you as always for your cooperation and support during the claim review process. Can I be reinstated to my USPS job now while this relief process is ongoing? * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 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. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. Click here to see the latest news on the case. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . We continue to take every action possible to help the Judge move this process forward. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. 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. We will be in touch in the coming weeks if we need anything additional from you. Our proposed Case Management Order is carefully tailored to this unprecedented case. 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. We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. We will provide an update as soon as a decision is issued regarding our motion for sanctions. Please check this website frequently for updates. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly.
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