If you have not yet received a call back, you may try to call us again, and you may be able to get through. We will continue to update this website with information on the status of the case, and as always, we appreciate your patience with this legal process. 20 Ohio State 67-60 on Wednesday night. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. Please continue to monitor this website for any updates. The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. Denver, CO 80202. 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.Â Â Our contact information is as follows: Address:693 East AvenueRochester, NY 14607, Email Address:NRPclassaction@theemploymentattorneys.com. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. ST. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomonâs office is currently closed. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. In addition, it is possible that the Special Mastersâ valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. If you retain us, your total contingency fee payment will be 30%. The Administrative Judge held that because the McConnell complaint focused on the NRP, which resulted in some reductions and eliminations of rehabilitation and limited duty positions, the claims belonged in the certified EEOC class action. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. USPS, 841 F.2d 141, 144 n.3 ... EEOC, No. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. at 2-3 (D.N.M. Please continue to monitor this website for any updates. As a result of the Judgeâs order, we soon should have all NRP Activity Files in connection with our firmsâ clients. 9. 10. Please continue to monitor this website for status updates. As you will see, our proposal addresses both fairness and efficiency. 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. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. 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. 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). Again, there is no need for you to take any action at this time regarding the possibility of settlement. For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. You have come too far in the process to quit now. 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. 6. 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. The Administrative Judge noted that the USPS request would have resulted in undue delay in justice and unnecessary procedural complications. That work includes representing you in your individual claim through the entire EEOC claims process. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. The legal term for this situation is âconstructive discharge.â Section 7 of the Declaration form will help you figure out if your situation is covered by âconstructive discharge.â 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. Our suggested claim form is easy to complete. We will provide you with written instructions on what to include to support your claim. Chemical Safety and Hazard Investigation Board (CSB): Biden needs to nominate at least one person to restore this boardâs quorum. You should complete, sign and return the Declaration form to our offices as soon as possible. The judge stressed that the EEOC is actively weighing different ways to move the process forward. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. In this way, today’s Order marks a significant advance toward individual relief awards for each claimant. We will provide an update to the website as soon as the Judge issues a decision. This proposal is consistent with many other successful class actions. 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. In addition, we have concerns with the Postal Service’s continuing efforts to break apart the Class and over-burden the EEOC. Recently, USPS asked the Judge to create a new, slower process for handling these âpartially acceptedâ claims. The Postal Service will submit its response to our proposed âCase Management Orderâ in approximately 15 days. . 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. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign. COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 8-4 on Tuesday, July 28, 2020. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. This process is time consuming but necessary to vindicate class members rights. We greatly appreciate your patience during this process. You should receive a form in the mail by March 18, 2019. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. We are continuing the process of organizing this information as fast 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. LONDON â (AP) â Chelsea hired Thomas Tuchel as manager on Tuesday on an 18-month contract to replace the fired Frank Lampard. If you have any questions, please feel free to email us at email@example.com or call us at 585-272-0540. Please continue to monitor this website over the upcoming weeks for additional important information. At the status conference, USPS called more plays from this old playbook. 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. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. ■ My Supervisor complained about my limitations. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case. We do not know how long it will take for the appeal to be decided. To see the Motion that was filed, CLICK HERE. Our proposal recognizes the limits on the EEOC’s case-processing capacity, as well as the Postal Service’s unyielding opposition to fair resolution of your claims. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 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. 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. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. You can access the Declaration (with instructions) by clicking here. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. Do you need to file an individual appeal from the FAD? A copy of the Case Management Order is available by clicking here. Thanks as always for your ongoing patience, and your assistance in this case. * ATTORNEY ADVERTISING * The EEOC Administrative Judge held a status conference on November 19, 2019. Our goal is to get this matter resolved in a fair way as quickly as possible. A lengthy status conference was held with the Administrative Judge on May 13, 2019. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. Please do not give up on your claims for relief! . In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. Please Contact Us if you have any questions, comments or if you need information. Without your patience and persistence, the Postal Service would have won without a fight. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. You have come too far in the process to quit now. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. As previously reported, we have filed an extension request with the Judge. 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. Our proposed âCase Management Orderâ is carefully tailored to this unprecedented case. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). This has been a long and hard-fought battle against the Postal Service, but the end is in sight. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. Please continue to monitor this website for updates. 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. As always, we greatly appreciate your patience during this process. Instead, the order finds in favor of several class-wide claims, and individual class members will be able to file personal claims in the future (if the Judge's decision is upheld on appeal). We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. Your claim in this case is a personal asset. Thank you for your prompt attention to this important task! The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. 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. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case. So I understood that I had no option but to retire; or, ■ I was told that I would be sent to work for Walmart; or, ■ They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or, ■ They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or. 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: Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible. 2. For most people, the answer is âno.â Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. 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. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. In the past few weeks, we received a very large number of calls and emails related to this case. On September 25, 2017, the EEOC issued its initial decision in response to the Postal Service’s appeal of the Administrative Law Judge’s favorable decision, finding that the NRP discriminated against the Class as a whole. 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. One important issue was decided during the status conference. 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 Judge’s recent order, citing our legal briefing, brushed aside USPS objections. We continue to take every action possible to help the Judge move this process forward. 8. Our legal team continues to pursue the class members claims against the Postal Service and is currently engaging in the discovery process. We can send you out a retainer letter that must be signed and returned to our office. As part of this process, our legal team is reviewing and exchanging documents as well as conducting depositions. No, your 30% contingency fee is only on the value of relief that you receive. Please note: we are using email to send these forms to our clients to the greatest extent possible. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. 600 17th Street, Suite 1705-S Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. We will take all steps necessary to provide the Judge with timely submissions for all our clients. Please note that this does not directly relate to your claim in the NRP Class Action. If you receive a request for information from us, please reply as soon as possible. There is still time to retain us. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. USPS has indicated that it will appeal the Administrative Judge’s decision. We continue to work with the judge to move this case forward toward a final resolution. So I understood that I had no option but to retire; or The U.S. 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. Our office has filed an emergency motion for reconsideration of the EEOC Judgeâs decision in order to ensure that all claimants have sufficient time to complete the paperwork. We will promptly update this website as soon as we have news to report. 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. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. 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. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. Please Contact Us if you have any questions, comments or if you need information. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual . 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