thomas and solomon nrp class action

If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. You are also allowed to use your own paper. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. * ATTORNEY ADVERTISING * Of note, we may request feedback or clarification from some Claimants in the next few weeks. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 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. We will continue to keep you posted on all major developments in the case. 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. 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. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. 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. In order to access the recorded message, you will need to call a special phone number. 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. 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. Thomas & Solomon has sent letters to members of the class in addition to USPS, which was required to notify those individuals of their eligibility to sign their names onto the suit within 10. 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. Detailed instructions on completing the Declaration form are available by clicking here. Yes, the Postal Service should have provided us the NRP file for each person. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. 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. Please continue to monitor our website for more updates in the coming weeks. Merely submitting the claim form does not endanger your disability or social security claims. You can see the order by clicking here. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet. See below for more information. 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. For most people, it will take less than one hour to complete the Declaration. 5. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. 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 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. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. Please check this website for updates. She emphasized, as she has previously, that the process may take some time, due to the very large number of 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. Our law offices have also been impacted by the Covid-19 situation. 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. 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. 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! USPS continues its stubborn opposition to providing money relief to claimants. However, medical information can help support your claim for damages. If you have any additional documents, please make sure to include them with the completed Declaration. 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 Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. 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. Here is a copy of the Order. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. 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. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. 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 the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. Denver, CO 80202. Please continue to monitor this website for any updates. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. 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. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. 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. Appeal pending. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Please continue to monitor this website over the upcoming weeks for additional important information. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. So I understood that I had no option but to retire; or 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. Thank you! We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. 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 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. That work includes representing you in your individual claim through the entire EEOC claims process. The call was very lengthy, lasting almost three hours. Go ahead and read through the instructions we provided and do the best that you can. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). 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. 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. 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. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination. Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. (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. 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. 520-2010-00280X; Agency No. 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. Thank you as always for your cooperation and support during the claim review process. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 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 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. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. Please note that this does not directly relate to your claim in the NRP Class Action. Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. 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! Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC Judge. 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 understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. Postal Service, EEOC Case No. The call was fairly brief. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. (585) 272-0540 (tel) In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. 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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. Thank you for your cooperation and patience through this lengthy process. 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 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. 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. Thank you again for your cooperation and patience. There is no need at this time to send a copy of the Pittman claim form to our offices. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. U.S. As you will see, our proposal addresses both fairness and efficiency. Postal Service who have been subjected to [] Show the Postal Service that discrimination has consequences please submit a timely claim! In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. As always, we greatly appreciate your patience during this process. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. We have notched many milestone successes in this case since 2006. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. We believe that this action by the Postal Service is improper. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. 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. 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. We continue to take every action we can to ensure that this process moves forward as quickly as possible. 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. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Free shipping for many products! As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. Again, if you have not yet 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 with the Judge by March 31. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. Your claim in this case is a personal asset. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. We are continuing the process of organizing this information as fast as possible. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. 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. 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. Posted in Federal Worker Compensation, General, Postal Workers. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. Please continue to monitor our website for more updates in the coming weeks. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. 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. The judge may wish for a live hearing to determine the proper award for your claim. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. 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. 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 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. 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. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. We continue to take every action possible to help the Judge move this process forward. A copy of the Case Management Order is available by clicking here. We will represent you before an EEOC administrative judge. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. 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. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. However, settlement is not possible in every case. A copy of Class Counsel's motion is available by clicking here. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. Please note: we are using email to send these forms to our clients to the greatest extent possible. If you have not yet received a call back, you may try to call us again, and you may be able to get through. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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!

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