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. Thank you. Please continue to check the website for updates. It depends. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. We recommend that you retain the claim form documents for your records. However, attorneys and staff are working remotely, and we are monitoring our voicemail. 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. We will provide an update as soon as further news is available. 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. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. 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. 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. You have come too far in the process to quit now. . To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). As a result of the Judges order, we soon should have all NRP Activity Files in connection with our firms clients. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. A significant amount of legal work remains to be accomplished as we press forward on every front. Please continue to check our website for updates in the coming weeks. 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. It is also ok to provide a persons position title if you dont remember a persons name. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. 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. 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. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Also, please note that not every client is being sent these forms at this time. My Manager told me that I might be sent to work for Walmart or another company. There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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! On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Postal Service who have been subjected to [] Thank you for your continued patience! The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. As always, we greatly appreciate your support and patience throughout this process. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. 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. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. Other people used a different claim form, then filled out a written retainer agreement with our office. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. 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 best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. Again, there is no need for you to take any action at this time regarding the possibility of settlement. We thank you all for your continued patience with this process. Of note, we may request feedback or clarification from some Claimants in the next few weeks. 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. The Order does not accept the plan proposed by Class Counsel. $24.99. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. 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. We have filed an extension request with the Judge. If you have not yet received a call back, you may try to call us again, and you may be able to get through. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. 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. 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. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. We do not yet have any estimate on the length of time that this process will take. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. Rochester NY, 14607 As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. 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. 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. 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. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. We will continue to provide updates on this website as notable developments occur. 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. Please note: we are using email to send these forms to our clients to the greatest extent possible. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. 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. Name * First Last . 520-2010-00280X; Agency No. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. The call was very lengthy, lasting almost three hours. The Judge has indicated a desire to resolve this issue promptly, if possible. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. The next status conference is scheduled for October 31, 2022 at 11:00 am. We are very grateful for the Judges willingness to discuss the possibility of settlement. 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. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. The next status conference is set for January 24, 2020. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. We will be in touch in the coming weeks if we need anything additional from you. Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. 6. 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 . 600 17th Street, Suite 1705-S When the EEOC notice is issued, we will post a copy of it on this website. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and 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. 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. 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. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 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. 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. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Accordingly, it is a good idea to proceed cautiously. 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. Unfortunately, the Postal Service continues to dispute every single claim. 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. Contact Thomas & Solomon LLP Employment Attorneys While this website provides general information, it does not constitute legal advice. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 520-2008-00053X. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. Thomas & Solomon LLP You are also allowed to use your own paper. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). 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. 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. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. Please continue to monitor this website for further updates. 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. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. Thank you again for your cooperation and patience. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. 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. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. The Declaration form contains information that the EEOC Judge has requested for each claimant. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. No. 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. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. This proposal is consistent with many other successful class actions. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. Please continue to monitor our website for updates. We will take all steps necessary to provide the Judge with timely submissions for all our clients. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. Yes. As explained by the Judge in the recent order: [T]he U.S. 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. Our law offices have also been impacted by the Covid-19 situation. 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. We will promptly provide an update on this website as soon as that information is available. The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. Legal Case Summary. Our offices will be in touch with you when you need to take additional steps. 4. At Thomas & Solomon LLP, we forcefully protect those rights. Please continue to monitor this website for updates on the case. Thank you! We continue to work with the judge to move this case forward toward a final resolution. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. 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. However, medical information can help support your claim for damages. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. 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. 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. Click here for a copy of the notice of appeal filed on July 12, 2018. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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? To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. 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. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. 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 will promptly pursue this issue through the appropriate process. The Order also states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019; and that Class Member claimants are to submit their response briefs and evidence 20 days after that (although the Order notes that extensions to the deadlines may be permitted). Here is a copy of the Order. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. 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. If you retain us, your total contingency fee payment will be 30%. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files