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. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judges authority. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". Free shipping for many products! We eagerly await the next conference with the Court and will provide an update when one has been scheduled. 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. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . There is not a magic number for how much information should be submitted. 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. 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 have not spoken with USPS attorneys about settlement of any claims. 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. 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. TOMY Trackmaster Thomas & Friends "DENNIS" 2009 WORKING Motorized Train. 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. The McConnell Case (NRP Class Action) | Injured Federal Worker Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. 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. Twelve Years a Slave: Was the Case of Solomon Northup Exceptional 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 remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. Welcome to the USPS Class Action Claim Website. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion. No. 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. We will provide an update after the status conference. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. This is a big victory for all claimants, and a giant step toward conclusion of this process. 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. 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. 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. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. We will promptly update this website as soon as we have news to report. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. 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. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. I was told that I would be sent to work for Walmart; or PDF UNITED STATES OF AMERICA - NRP Class Action The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. 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. 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. Postal Service, EEOC Case No. An update will be provided following the May 12, 2022 status conference. If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes. Accordingly, it is a good idea to proceed cautiously. 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. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). If claimants appeal is heard by OFO, the Agencys decision can be upheld or the case can be remanded to an AJ in that claimants geographical area to determine damages. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. 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. U.S. Postal Service NRP Class Action - Kator, Parks, Weiser & Wright, PLLC Do you need to file an individual appeal from the FAD? 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. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. 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. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) Yes, the Postal Service should have provided us the NRP file for each person. 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. We understand that there is some confusion as to the date when the spreadsheet submissions are due. For our clients, please provide your updated contact information to us. For most claimants, filling out the form will take less than one hour. 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. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. As you may be aware, USPS disputed every claim submitted in this case. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. Please check this website frequently for updates. 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. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. We hope the EEOC will act quickly to restore order to this process. The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. However, before you turn down any relief, you should speak with Class Counsel to explore your options. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. We believe the Postal Service must be held accountable for the consequences of its discrimination. Some 41,000 past and. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. Ms. At this time, the Administrative Judge has not yet made her selection of Special Masters. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. If you receive nothing as a result of your claim, you would owe us nothing. In that case a final decision has been rendered in favor of the injured workers. The Judge asked a few clarifying questions about the submissions. You are also allowed to use your own paper. Therefore, these activity files should already be in the possession of Phase I Class Counsel. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. A copy of the Case Management Order is available by clicking here. Recently many claimants have been asking about the timeline as to when claims will be evaluated.
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