thomas and solomon nrp class action11 Mar thomas and solomon nrp class action
Please note: we are using email to send these forms to our clients to the greatest extent possible. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. The judge may wish for a live hearing to determine the proper award for your claim. 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. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Continued patience is therefore required. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. 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. 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. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. 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. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). Prior to the conference, the EEOC began analyzing the data at an overview level, and was prepared with a series of questions for both sides about the submitted data. To see the Motion that was filed, CLICK HERE. 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. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through. We can send you out a retainer letter that must be signed and returned to our office. A significant amount of legal work remains to be accomplished as we press forward on every front. 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. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. 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. Please continue to monitor our website for more updates in the coming weeks. Free shipping. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. There is no need at this time to send a copy of the Pittman claim form to our offices. 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 . These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Salomon v A Salomon and Co Ltd [1897] AC 22. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. 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). If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. We will promptly update this website as soon as we have news to report. 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. Employee Rights Class-Action Law Firm Employers who violate employment laws hope that their workers do not contact Thomas & Solomon LLP. There may be better options that would work in your benefit. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. 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. Our team is standing by! 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 Administrative Judge has asked our offices to provide any evidence that claims were timely. You will also need to fill out the Declaration. 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. The name of the case is McConnell v. U.S. At the status conference, USPS called more plays from this old playbook. Postal Service who have been subjected to [] The Administrative Judge held another video status conference with us today, and shared some news about the EEOC's plans for moving this case forward. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. The Judge has indicated a desire to resolve this issue promptly, if possible. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. There is no action needed at this time on your individual claim. My Manager told me that I might be sent to work for Walmart or another company. 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! TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. Please continue to monitor the website for further updates. Please note that this does not directly relate to your claim in the NRP Class Action. Our law offices have also been impacted by the Covid-19 situation. At this time, the Administrative Judge has not yet made her selection of Special Masters. Legal Case Summary. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. The Declaration form contains information that the EEOC Judge has requested for each claimant. For example, we reported that there had been some confusing information provided by the EEOCs administrator. Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. 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. 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 Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. 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. Please continue to check the website for updates. As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. 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. Please check this website for updates. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. Attention: The McConnell Case (NRP Class Action) has been resolved in favor of the claimants: ie Postal Employees. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. We greatly appreciate the Judges efforts. USPS continues its stubborn opposition to providing money relief to claimants. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. Such production took place over several months back in 2012 and 2013. 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. 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. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. We have notched many milestone successes in this case since 2006. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOCs finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to. 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. Free shipping for many products! Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. We appealed this improper action by the Postal Service. 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? We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. 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. 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. And as always, please continue to monitor this website for any important updates. 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. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. 0720080054. We have filed an extension request with the Judge. The EEOC Administrative Judge held a status conference on November 19, 2019. You should complete, sign and return the Declaration form to our offices as soon as possible. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 693 East Avenue She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. Click here to see the latest news on the case. If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. We respond promptly to inquiries. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. 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. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. Just do the best that you can with any information that you know. Again, there is no need for you to take any action at this time regarding the possibility of settlement. 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. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. 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. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. 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. Please continue to monitor this website for any updates. Yes. Please check this website for an update after the Status Conference on March 4, 2022. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. 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. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. The main law suit challenging the NRP was a class action filed with the Equal Employment Opportunity Commission (EEOC) based on disability discrimination -- McConnell v. USPS, EEOC Appeal No. 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. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Please continue to monitor the website for updates. U.S. In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. Thanks as always for your ongoing patience, and your assistance in this case. 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. No new date has been scheduled, but please continue to check the website for updates. 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. 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. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. Detailed instructions on completing the Declaration form are available by clicking here. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. 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. No. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. 4. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. 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 continue to fight for justice for all of the claimants in this case. 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. 2. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date. And please call or email us if you have questions. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. 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. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. As always, we greatly appreciate your patience during this process. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. 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. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. 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. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. You should mail this letter to: USPS - NELU 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. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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. 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. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case. This is just an example; witnesses should include an accurate description of the changes in you that they noticed.
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