We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. Here are 10 things for every claimant to know RIGHT NOW: 1. Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judges Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. 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). We believe that this action by the Postal Service is improper. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. Unfortunately, the Postal Service continues to dispute every single claim. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. The NRP has been rolled out in most USPS districts across the nation. To the best of our knowledge, the Postal Service has disputed every individuals claim for relief. You do not need to send us documents that you already sent us. We deeply appreciate your extraordinary patience as this lengthy process moves forward. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. 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. If you have not yet received the notice from the EEOC, please continue to be patient for a fewmore days. 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 we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. When the EEOC notice is issued, we will post a copy of it on this website. 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. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. You can always reject any offer that is made to you by the Postal Service in the future. 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. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. 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. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. 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. 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. 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. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. * ATTORNEY ADVERTISING * In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agencys portion of the spreadsheet. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)? We will take all steps necessary to provide the Judge with timely submissions for all our clients. Your claim in this case is a personal asset. Videos To Help You Complete The Declaration Form, https://www.eeoc-nrpphase2.com/Home/portalid/0, nrpclassaction@theemploymentattorneys.com, NRPclassaction@theemploymentattorneys.com. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. She emphasized, as she has previously, that the process may take some time, due to the very large number of 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. The Judges Order explains that the very question of FADs is premature, baffling and utterly irrelevant at this point. The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. For our clients, please provide your updated contact information to us. In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. 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. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis. For better or worse, this case presents numerous potential impediments to wide-spread settlement. 2. The call was very lengthy, lasting almost three hours. My Manager told me that I had no other option but to retire; or 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. NRP Class Action is being handled by Thomas & Solomon LLP. 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: The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. 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. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. Thank you. The conference lasted a little over two hours. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. 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. 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. 8. 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. For our clients, please provide your updated contact information to us. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. Free shipping. Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case. Postal Service by employees with disabilities. Yes, we will include any documents you have provided to our office. Pursuant to the Administrative Judges Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. 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. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. No new date has been scheduled, but please continue to check the website for updates. EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. Rochester NY, 14607 This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. We understand that there is some confusion as to the date when the spreadsheet submissions are due. Free shipping for many products! Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly.