thomas and solomon nrp class action

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? The claims process is still moving forward. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. A lengthy status conference was held with the Administrative Judge on May 13, 2019. 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. You can see the order by clicking here. The EEOC has never been faced with a claimant class this large. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. The Judge has indicated a desire to resolve this issue promptly, if possible. Please continue to monitor this website for status updates. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Some 41,000 past and. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. We cannot predict how long this process will take. Such production took place over several months back in 2012 and 2013. 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. The Declaration form contains information that the EEOC Judge has requested for each claimant. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. We thank you all for your continued patience with this process. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. For better or worse, this case presents numerous potential impediments to wide-spread settlement. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. 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. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Our proposal recognizes the limits on the EEOCs case-processing capacity, as well as the Postal Services unyielding opposition to fair resolution of your claims. Here is a copy of the Order. No new date has been scheduled, but please continue to check the website for updates. We will continue to keep you posted on all major developments in the case. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. The NRP has been rolled out in most USPS districts across the nation. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. All those who were harmed by the NRP discrimination should submit a timely written claim. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. 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 . To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. 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. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. Put another way, for all claimants who hired our law firms, we will not cease our fight on your behalf until the Postal Service provides a fair and reasonable resolution, or there is a final EEOC decision on your claim, whichever occurs first. Thank you for your cooperation and patience through this lengthy process. Thank you for all of your patience. 693 East Avenue Please note that this does not directly relate to your claim in the NRP Class Action. We hope the EEOC will act quickly to restore order to this process. No. 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). 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. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. We are very grateful for the Judges willingness to discuss the possibility of settlement. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. . We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. The Judge partially granted our motion. Thank you as always for your cooperation and support during the claim review process. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. There is no need at this time to send a copy of the Pittman claim form to our offices. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. Please know that we are fighting for you, just as we have done for over 10 years. Please continue to monitor this website for any updates. 6. As previously reported, we have filed an extension request with the Judge. We have notched many milestone successes in this case since 2006. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. A copy of Class Counsel's motion is available by clicking here. It is also ok to provide a persons position title if you dont remember a persons name. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. So I understood that I had no option but to retire; or As you will see, our proposal addresses both fairness and efficiency. Here are 10 things for every claimant to know RIGHT NOW: 1. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. The next status conference with the EEOC Judge is scheduled for August 2019. Please continue to monitor this website for updates. 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. For example, we reported that there had been some confusing information provided by the EEOCs administrator. * indicates required information Please call us if you have any questions about this. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Accordingly, it is a good idea to proceed cautiously. Postal Service by employees with disabilities. Summary: The requirements of correctly constituting a limited company. 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. 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. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. 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. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. 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. Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate 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. In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. 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 have filed an extension request with the Judge. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. You have come too far in the process to quit now. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. 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. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. For more information about the Pittman class action, please go to http://www.pittmanclass.com. If you would like to retain our firms at this time to represent you in your individual claim, please let us know immediately, and we will send you a retainer letter that must be signed by you and returned to our office. We will provide you with written instructions on what to include to support your claim. You may want to include specific examples of statements that were made to you on your Continuation sheet. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 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. Please continue to check our website for updates. We will provide an update as soon as further news is available. 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. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. To the best of our knowledge, the EEOC has never created a website devoted to a single case. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. 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. Our suggested claim form is easy to complete. As your attorneys, we agree with the Judges negative view of the opt-out process. My Supervisors or co-workers called me lazy due to my restrictions. The next status conference is scheduled for October 31, 2022 at 11:00 am. As the Judge noted in her decision, the value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP.. 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. Can I be reinstated to my USPS job now while this relief process is ongoing? If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens The Order does not accept the plan proposed by Class Counsel. 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. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. 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. 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. 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. We respond promptly to inquiries. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 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.". 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 will provide an update to the website as soon as the Judge issues a decision. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. 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! To see the Motion that was filed, CLICK HERE. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. The conference lasted a little over two hours. You should include specific names of people that harassed you, and approximate dates to the best you can. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. 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. However, before you turn down any relief, you should speak with Class Counsel to explore your options. The Postal Service is disrupting the process by issuing premature FADs. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. U.S. We understand that there is some confusion as to the date when the spreadsheet submissions are due. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. My Supervisor complained about my limitations. Please continue to check our website for updates in the coming weeks. 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. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. 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. If applicable to you, here are some possible short statements that can help explain what happened: Please check this website for an update after the Status Conference on March 4, 2022. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. We will provide updated information regarding the process on this website. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. We will post status updates on the claims process on this website. 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. Over the next few weeks, we will be sending out new forms to many of our clients to complete. The value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. Without your patience and persistence, the Postal Service would have won without a fight. 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. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. 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. My Manager told me that I might be sent to work for Walmart or another company. 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. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. Our submission may be viewed here. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. There is not a magic number for how much information should be submitted. 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. As a reminder, the EEOC has not issued any decisions on any of the claims. Go ahead and read through the instructions we provided and do the best that you can. 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. (585) 272-0540 (tel) v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . $24.99. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. 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. 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.