It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. The EEOC agreed with our position. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. If you receive nothing as a result of your claim, you would owe us nothing. 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. 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. We continue to take every action we can to ensure that this process moves forward as quickly as possible. As previously reported, we have filed an extension request with the Judge. Here is a copy of the Order. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. We continue to respond to each call and email in the order received. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. The next status conference is November 28, 2022. There is no action needed at this time on your individual claim. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judges authority. Please continue to check this website for updates. Please Note: We hope the EEOC will act quickly to restore order to this process. For an evaluation of your circumstances and legal options, reach us online here. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Of note, we may request feedback or clarification from some Claimants in the next few weeks. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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 You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. 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 wanted to reach out and give a quick update on the case, and answer some questions that have been raised. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). * indicates required information First, the Administrative Judge noted the concerns that we submitted regarding the EEOCs mailing and website. 4B-140-0062-06. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! U.S. As a reminder, the EEOC website through the third-party administrator is not associated with our office. 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. At the end of todays status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. 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 judge may wish for a live hearing to determine the proper award for your claim. Please know that we are fighting for you, just as we have done for over 10 years. 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. As always, we greatly appreciate your support and patience throughout this process. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. The Judge expressed a hope that she could begin to review individual claims in late July or August. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.If applicable to you, here are some possible short statements that can help explain what happened: 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. 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. We greatly appreciate your patience during this process. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. (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.) 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. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. There is no need at this time to send a copy of the Pittman claim form to our offices. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Thomas & Solomon 585-272-0540. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. When the EEOC notice is issued, we will post a copy of it on this website. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. 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. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. NRP Class Action is being handled by Thomas & Solomon LLP. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. 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. Thanks to all who have returned Declarations to us. 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. The Postal Service has sent forms to be completed by some claimants. 7. You should complete, sign and return the Declaration form to our offices as soon as possible. We will be in touch in the coming weeks if we need anything additional from you. 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. 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). Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. 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. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. 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. 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. You can always reject any offer that is made to you by the Postal Service in the future. On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Services motion. We continue to work with the judge to move this case forward toward a final resolution. Recently many claimants have been asking about the timeline as to when claims will be evaluated. 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. Can I be reinstated to my USPS job now while this relief process is ongoing? USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. Please continue to check this website for updates. Our submission may be viewed here. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. 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 recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. 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. In that case a final decision has been rendered in favor of the injured workers. *
We will represent you before an EEOC administrative judge. As you may be aware, USPS disputed every claim submitted in this case. The Judge has indicated a desire to resolve this issue promptly, if possible. 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. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or Thank you again for your cooperation and patience. A contingency fee is only paid if we obtain a recovery for you. 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. There will be a Spanish translation of the recording also available at the same number. Detailed instructions on completing the Declaration form are available by clicking here. My Supervisors or co-workers called me lazy due to my restrictions. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. 600 17th Street, Suite 1705-S If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. Our attorneys continue to work on this case, and we are in regular contact with the Judge. All those who were harmed by the NRP discrimination should submit a timely written claim. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. 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. We organized and submitted all available documentation in accordance with the Case Management Order. The best way to get guidance on your specific legal issue is to contact a lawyer. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. 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. 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.