Our approach would lead to the fastest means of considering all Class Member claims in a fair manner. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. 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. 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. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. 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. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. US Postal Service censured for forcing out disabled staff Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. All those who were harmed by the NRP discrimination should submit a timely written claim. We continue to respond to each call and email in the order received. Please Note: 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. Updates - NRP Class Action Lawsuit 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. 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. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. 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)? Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. We will provide an update to the website as soon as the Judge issues a decision. 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. 8. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. As you may be aware, USPS disputed every claim submitted in this case. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. Unfortunately, some of our clients in this case have passed away. The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. 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! Top Class Action Lawsuit Attorneys Rochester NY | Thomas & Solomon 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. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. If applicable to you, here are some possible short statements that can help explain what happened: In the near future, we will address frequently asked questions regarding the form and evidence on this website. 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. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. We cannot predict how long this process will take. Just do the best that you can with any information that you know. 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. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. Let us help you to fight for your rights. My Manager told me that I might be sent to work for Walmart or another company. Yes, the Postal Service should have provided us the NRP file for each person. 5. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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. The Judge has indicated a desire to resolve this issue promptly, if possible. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. 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. In that case a final decision has been rendered in favor of the injured workers. A copy of the Case Management Order is available by clicking here. For better or worse, this case presents numerous potential impediments to wide-spread settlement. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). No, your 30% contingency fee is only on the value of relief that you receive. Activity 1. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. If you have already done so, thank you! However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. Find many great new & used options and get the best deals for Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach - Hit Toy at the best online prices at eBay! 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 Yes. We are very grateful for the Judges willingness to discuss the possibility of settlement. * Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. Therefore, if you have not already provided us with a Disability Form (Supplemental Declaration Regarding Disability), you must provide that form to us right away so that it can be filed by March 31. Please call us if you have any questions about this. USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member's claim for relief. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. My Manager told me that I had no other option but to retire; or Please continue to monitor our website for updates. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. The Judge went on to explain that although claimants themselves can seek a FAD and thus leave this case, the Judge also said it is: unclear why any claimant would opt out of the class and seek a FAD. 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. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Yes, we will include any documents you have provided to our office. 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. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. EUC! We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. Some 41,000 past and. 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. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. At this time, the Administrative Judge has not yet made her selection of Special Masters. Click here for a copy of the notice of appeal filed on July 12, 2018. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. Do you need to file an individual appeal from the FAD? She also indicated that the EEOC intends to send a notice out of such website. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. 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. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. Many of you have asked about the next steps in the EEOC process. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. Thank you for your support, assistance, and patience throughout this claims process. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The Judge partially granted our motion. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. The McConnell Case (NRP Class Action) | Injured Federal Worker The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. You are also allowed to use your own paper. As always, we greatly appreciate your support and patience throughout this process. $24.99. The Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022. We are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. 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. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. 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). Appeal pending. 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. 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. Thank you for all of your patience. Detailed instructions on completing the Declaration form are available by clicking here.
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