It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. We continue to take every action possible to help the Judge move this process forward. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. 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 are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. My Supervisors or co-workers called me lazy due to my restrictions. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. 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. Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. The Administrative Judge has not yet announced the process or timeline for reviewing claims. 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. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. The judge stressed that the EEOC is actively weighing different ways to move the process forward. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. 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. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). As a reminder, the EEOC website through the third-party administrator is not associated with our office. Thomas & Solomon 585-272-0540. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. 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. 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. In any event, please rest assured that we will return all messages. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. We will promptly provide an update on this website as soon as that information is available. In addition, it is possible that the Special Masters valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. 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. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. Denver, CO 80202. 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. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or We do not yet have any estimate on the length of time that this process will take. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. Please do not give up on your claims for relief! The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. There is still time to retain us. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. You can see the order by clicking here. 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. We believe that this action by the Postal Service is improper. Yes. We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. 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 keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. As you may be aware, USPS disputed every claim submitted in this case. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. 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. 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. Can I be reinstated to my USPS job now while this relief process is ongoing? Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. We will provide an update after the status conference. The law firm Thomas & Solomon, which fought the case in front of EEOC, has launched a website (link) to help impacted employees file claims, predicting USPS will fight back against every single individual. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. We continue to take every action we can to ensure that this process moves forward as quickly as possible. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! 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. Please continue to monitor this website over the upcoming weeks for additional important information. We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. There is no need at this time to send a copy of the Pittman claim form to our offices. 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). On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). 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. Pursuant to the Judges order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. 8. This proposal is consistent with many other successful class actions. 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. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. All those who were harmed by the NRP discrimination should submit a timely written claim. 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.
As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. 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. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. 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. 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. 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. Our suggested claim form is easy to complete. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. 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. Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. Please continue to monitor this website for further updates. 520-2010-00280X; Agency No. Again, do the best you can with the information you know. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. One important issue was decided during the status conference. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. 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. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part).