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. 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. 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. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. If you have any additional documents, please make sure to include them with the completed Declaration. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. NRP Class Action Lawsuit Update - December, 2020 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. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. We believe the Postal Service must be held accountable for the consequences of its discrimination. Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. The call was fairly brief. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. . 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! Yes. 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. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. You can always reject any offer that is made to you by the Postal Service in the future. 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. 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. 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. We currently have no information regarding the nature of the EEOCs website or the notice, so unfortunately cannot yet provide answers to questions you may have, but we will provide a detailed update as soon as we have additional information. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. 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. Salomon v Salomon - Case Summary - LawTeacher.net We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge. 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. The Postal Service has sent forms to be completed by some claimants. Ms. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Our team is standing by! For our clients, please provide your updated contact information to us. 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. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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. 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. A copy of the Case Management Order is available by clicking here. Thank you for your support, assistance, and patience throughout this claims process. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. Postal Service, EEOC Case No. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. Yes, the Postal Service should have provided us the NRP file for each person. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. We continue to take every action possible to help the Judge move this process forward. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. We are very grateful for the Judges willingness to discuss the possibility of settlement. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. 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. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. The Administrative Judge has not yet announced the process or timeline for reviewing claims. In the case of Sandra McConnell, et al. 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. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 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. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. 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 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. Today we had another video conference call with the Administrative Judge. On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive. Thank you for all of your patience. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. 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. Thank you for your continued patience! For most claimants, filling out the form will take less than one hour. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). As a reminder, the EEOC website through the third-party administrator is not associated with our office. 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)? Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. We greatly appreciate the Judges efforts. We greatly appreciate your patience during this process. As always, please continue to monitor this website for any updates. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. 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. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. For example, we reported that there had been some confusing information provided by the EEOCs administrator. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. * indicates required information v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. All those who were harmed by the NRP discrimination should submit a timely written claim. 3. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). 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. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. The judge may wish for a live hearing to determine the proper award for your claim. The Judge partially granted our motion. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. With the recent dismissals of the USPS final action and appeals of the Administrative Judges orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). (A copy of the Declaration form is available by clicking this link). The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. And as always, please continue to monitor this website for any important updates. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. 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. 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 continue to respond to each call and email in the order received. Please continue to monitor this website over the upcoming weeks for additional important information. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. To see the Motion that was filed, CLICK HERE. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. 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. NRP Class Action is being handled by Thomas & Solomon LLP. You do not need to send us documents that you already sent us. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part).
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