Again, do the best you can with the information you know. 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. 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. There is still time to retain us. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. 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. Please continue to check our website for updates in the coming weeks. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP. Free shipping. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. If you have any additional documents, please make sure to include them with the completed Declaration. 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. 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. We will post an update on this website shortly after the Status Conference. 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. Please note: we are using email to send these forms to our clients to the greatest extent possible. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. That work includes representing you in your individual claim through the entire EEOC claims process. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. You do not need to send us documents that you already sent us. We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under advisement. We understand this to mean that her in-depth questioning regarding the Postal Services access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. An update will be provided following the May 12, 2022 status conference. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. We will provide an update to the website as soon as the Judge issues a decision. She also indicated that the EEOC intends to send a notice out of such website. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. Therefore, these activity files should already be in the possession of Phase I Class Counsel. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. We will provide you with written instructions on what to include to support your claim. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. 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 deeply appreciate your extraordinary patience as this lengthy process moves forward. 6. Welcome to the USPS Class Action Claim Website. 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. We eagerly await the next conference with the Court and will provide an update when one has been scheduled. . Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. There is no action needed at this time on your individual claim. * indicates required information Thomas & Solomon 585-272-0540. The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022. My Supervisors or co-workers called me lazy due to my restrictions. We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. Unfortunately, some of our clients in this case have passed away. We will post an update to this webpage as soon as a ruling is issued on this Motion. 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. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. Just do the best that you can with any information that you know. 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. 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. 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. As always, please continue to monitor this website for any updates. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. The Declaration form contains information that the EEOC Judge has requested for each claimant. 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. If you did either of those two things, then there is no need to fill out another retainer agreement. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. 693 East Avenue First, please know that we will continue fighting to get you the best possible award. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. 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. Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. We believe that this action by the Postal Service is improper. Name * First Last . The conference lasted a little over two hours. 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. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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. 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. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. The Judge asked a few clarifying questions about the submissions. 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 were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. Thank you. However, settlement is not possible in every case. Unfortunately, the Postal Service continues to dispute every single 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. My Manager told me that I might be sent to work for Walmart or another company. 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: The Order does not accept the plan proposed by Class Counsel. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) (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. 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. Postal Service who have been subjected to [] 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. No new date has been scheduled, but please continue to check the website for updates. Please continue to monitor the website for further updates. 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. 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 have already done so, thank you! 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. Current status of the NRP class action case - Postal Times The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. Please note that this does not directly relate to your claim in the NRP Class Action. Please continue to monitor this website for updates on the case. Updates - NRP Class Action Lawsuit 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. Introduction. 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. We have notched many milestone successes in this case since 2006. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as 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. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Our suggested claim form is easy to complete. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. Our submission may be viewed here. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. 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. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. Here are 10 things for every claimant to know RIGHT NOW: 1. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. Please call us if you have any questions about this. 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. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. We will promptly update this website as soon as we have news to report. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. Click here for a copy of the notice of appeal filed on July 12, 2018. (585) 272-0540 (tel) 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. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. Other people used a different claim form, then filled out a written retainer agreement with our office. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. 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. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. Salomon v Salomon - Case Summary - LawTeacher.net As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. No, your 30% contingency fee is only on the value of relief that you receive. Please continue to monitor this website for further updates. 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. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. The EEOC Administrative Judge held a status conference on November 19, 2019. Yes. 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. 520-2010-00280X; Agency No. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional It is also ok to provide a persons position title if you dont remember a persons name. So I understood that I had no option but to retire; or Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP If you receive nothing as a result of your claim, you would owe us nothing. The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. 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. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. 9. Thomas & Solomon LLP Salomon v A Salomon and Co Ltd [1897] AC 22. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.). Show the Postal Service that discrimination has consequences please submit a timely claim! As always, we greatly appreciate your patience during this process. 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. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. A significant amount of legal work remains to be accomplished as we press forward on every front. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. We will be in touch in the coming weeks if we need anything additional from you. USPS Class Action Claims | Home