In that case a final decision has been rendered in favor of the injured workers. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on 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. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. We will provide an update to the website as soon as the Judge issues a decision. Thank you. 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. We will promptly provide an update on this website as soon as that information is available. At the status conference, USPS called more plays from this old playbook. As always, please continue to monitor this website for any updates. Many of you have asked about the next steps in the EEOC process. 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? On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. 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. Following the EEOC Administrative Judges request, the parties each provided additional information to assist in the process to evaluate claimant relief. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. 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. We are continuing the process of organizing this information as fast as possible. Thank you for your prompt attention to this important task! The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. These forms are very short, and most clients will be able to complete these forms in five minutes or less. 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. A lengthy status conference was held with the Administrative Judge on May 13, 2019. As always, we greatly appreciate your patience during this process. The Judge expressed a hope that she could begin to review individual claims in late July or August. 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. The Judge has indicated a desire to resolve this issue promptly, if possible. We do not yet have any estimate on the length of time that this process will take. Please continue to check our website for updates in the coming weeks. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. No new date has been scheduled, but please continue to check the website for updates. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS. 0720080054. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary. 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. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. 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. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Postal Service by employees with disabilities. Appeal pending. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. The comprehensive spreadsheet must be filed by July 18, 2022. 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. Yes. The recording will be available 24 hours a day (7 days a week) until April 9, 2021. Accordingly, it is a good idea to proceed cautiously. 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. Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. 4. We will promptly update this website as soon as we have news to report. We will provide updated information regarding the process on this website. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. 9. We have recently received a final decision from the EEOC regarding our appeal. Nevertheless, todays Order reflects the Judges strong desire to move the process forward decisively. The Administrative Judge has asked our offices to provide any evidence that claims were timely. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Welcome to the USPS Class Action Claim Website. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member's claim for relief. Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. As you may be aware, USPS disputed every claim submitted in this case. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . Postal Service, EEOC Case No. 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. 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. 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. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail. The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. My Manager told me that I might be sent to work for Walmart or another company. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. Please continue to check this website for updates. 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. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. This is a big victory for all claimants, and a giant step toward conclusion of this process. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. Ms. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative). 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. An update will be provided following the May 12, 2022 status conference. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. A significant amount of legal work remains to be accomplished as we press forward on every front. 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. The conference lasted a little over two hours. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). My Supervisor complained about my limitations. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington. Show the Postal Service that discrimination has consequences please submit a timely claim! 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. 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. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. If applicable to you, here are some possible short statements that can help explain what happened: As you will see, our proposal addresses both fairness and efficiency. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. 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. If you retain us, your total contingency fee payment will be 30%. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. 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. NRP Class Action is being handled by Thomas & Solomon LLP. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. 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. 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 soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Summary: The requirements of correctly constituting a limited company. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. Denver, CO 80202. Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims. 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. First, please know that we will continue fighting to get you the best possible award. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. 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. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. 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.