Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. As the Judge noted in her decision, the value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP.. If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. 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. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). 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. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. No, your 30% contingency fee is only on the value of relief that you receive. The EEOC has never been faced with a claimant class this large. And the Postal Service has not paid any attorneys fees to our firms for the claims process not one dollar. We wish all of you a joyous holiday season. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. Please continue to check our website for updates in the coming weeks. 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. 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. 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. Rochester NY, 14607 Please continue to check the website for updates. 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. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540. We organized and submitted all available documentation in accordance with the Case Management Order. We have recently received a final decision from the EEOC regarding our appeal. The judge stressed that the EEOC is actively weighing different ways to move the process forward. I was told that I would be sent to work for Walmart; or 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. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. A lengthy status conference was held with the Administrative Judge on May 13, 2019. So I understood that I had no option but to retire; or 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. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. There is still time to retain us. 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. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. Please continue to check this website for updates. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. We will represent you before an EEOC administrative judge. 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. As previously reported, we have filed an extension request with the Judge. Our submission may be viewed here. 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. We believe the Postal Service must be held accountable for the consequences of its discrimination. Some 41,000 past and. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. At this time, the Administrative Judge has not yet made her selection of Special Masters. If you have questions about the NRP class action claims process, please review this FAQ section. In this case, the EEOC will appoint five Special Masters who will each have broad discretion to recommend damages and relief for the claims presented to them. The name of the case is McConnell v. U.S. 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. There may be better options that would work in your benefit. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. 5. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. Many class members who submitted claims for individual relief have received response letters from the Postal Service. 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. 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. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. This is a big victory for all claimants, and a giant step toward conclusion of this process. The Judge expressed a hope that she could begin to review individual claims in late July or August. My Supervisors or co-workers called me lazy due to my restrictions. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process. No new date has been scheduled, but please continue to check the website for updates. 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. 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. 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. 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. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. As your attorneys, we agree with the Judges negative view of the opt-out process. Our attorneys continue to work on this case, and we are in regular contact with the Judge. We understand that there is some confusion as to the date when the spreadsheet submissions are due. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.. 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. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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.
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