You should mark the boxes for every statement that applies to your situation. There is no action needed at this time on your individual claim. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. The best way to provide this information is to email us at
[email protected]. Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. Please continue to monitor our website for updates. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. 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. One important issue was decided during the status conference. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or 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. In our view, this order reflects the Judges determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process. Thomas & Friends Trackmaster JAMES MOTORIZED Train Tank Engine 2009 WORKS! 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. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. 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. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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 status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. 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. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. We continue to work with the judge to move this case forward toward a final resolution. If you have any questions, please feel free to email us at
[email protected] or call us at 585-272-0540. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. Postal Service, EEOC Case No. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. My Supervisor complained about my limitations. Please do not give up on your claims for relief! My Supervisor complained about my limitations. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. The Judge set deadlines by which the parties must submit their portions of the spreadsheet. Please continue to monitor this website for updates. 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. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. Thanks as always for your ongoing patience, and your assistance in this case. Please continue to check our website for updates. At this time, the Administrative Judge has not yet made her selection of Special Masters. $24.99. 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. Just do the best that you can with any information that you know. Please continue to check the website for updates. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. 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. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. We have filed an extension request with the Judge. 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. 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. 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. 693 East Avenue
Such production took place over several months back in 2012 and 2013. They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or 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. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. 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. You should include specific names of people that harassed you, and approximate dates to the best you can. With the recent dismissals of the USPS final action and appeals of the Administrative Judges orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future. * ATTORNEY ADVERTISING *
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. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. To the extent 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. A lengthy status conference was held with the Administrative Judge on May 13, 2019. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Jul 19, 2022 A USPS NRP class action lawsuit claims that the Agency discriminated against workers with disabilities and deprived them of their jobs because of their physical limitations. 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. The Administrative Judge has not yet announced the process or timeline for reviewing claims. We will represent you before an EEOC administrative judge. The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. In the past few days, we have received a very large number of calls and emails related to this case. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. The Judge expressed a hope that she could begin to review individual claims in late July or August. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. Click here to see the latest news on the case. If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at
[email protected] or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. If you receive nothing as a result of your claim, you would owe us nothing. The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019. You do not need to send us documents that you already sent us. Please Contact Us if you have any questions, comments or if you need information. Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. Thomas & Solomon LLP
During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. 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. The Judge partially granted our motion. At the end of todays status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. An update will be provided following the May 12, 2022 status conference. We have recently received a final decision from the EEOC regarding our appeal. When the EEOC notice is issued, we will post a copy of it on this website. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. Clients who would like to submit questions for us to address, please send your questions via email to
[email protected] or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. The judge may wish for a live hearing to determine the proper award for your claim. Go ahead and read through the instructions we provided and do the best that you can. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. And please call or email us if you have questions. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case.
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