We have recently received a final decision from the EEOC regarding our appeal. Whether you get any money and how much is determined by the EEOCs decision on your claim. As explained by the Judge in the recent order: [T]he U.S. Thanks as always for your ongoing patience, and your assistance in this case. You should complete, sign and return the Declaration form to our offices as soon as possible. Please Note: 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. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). Our goal, like yours, is to continue fighting for a fair and reasonable outcome. Today, we had another video conference call with the Administrative Judge, lasting more than one hour. You are also allowed to use your own paper. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. 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 recommend that you retain the claim form documents for your records. 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. 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 keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Please know that we are fighting for you, just as we have done for over 10 years. Thank you for all of your patience. We continue to take every action possible to help the Judge move this process forward. 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. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand. My Manager told me that I might be sent to work for Walmart or another company. To schedule an employment law attorney consultation, please call or complete the intake form below. To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. Such production took place over several months back in 2012 and 2013. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. Thank you for your support, assistance, and patience throughout this claims process. 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. If you receive a request for information from us, please reply as soon as possible. 6. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. Many of you have asked about the next steps in the EEOC process. We strongly encourage timely cooperation if you receive the notice from the EEOC. 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. Our offices also agreed to provide some additional information that should assist the process which was obtained from the Postal Service during the course of the litigation and should provide the EEOC Judge with much of the requested information. We will continue to vigorously oppose the Postal Service's attempt to shield information from Class Members and the EEOC Administrative Judge. If you receive nothing as a result of your claim, you would owe us nothing. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . The Postal Service HAS NOT sent copies of these letters to your attorneys. The EEOC agreed with our position. 8. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. 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. As always, we greatly appreciate your patience during this process. We will provide updated information regarding the process on this website. Postal Service NRP Class Action Kator, Parks, Weiser & Wright, PLLC, represents the class of U.S. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation. If applicable to you, here are some possible short statements that can help explain what happened: We currently have no information regarding the nature of the EEOCs website or the notice, so unfortunately cannot yet provide answers to questions you may have, but we will provide a detailed update as soon as we have additional information. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. Therefore, these activity files should already be in the possession of Phase I Class Counsel. 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. The class members estate (or surviving relative) can submit a claim form on behalf of the class member. The Judge asked a few clarifying questions about the submissions. 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. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. 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. My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire. Recently many claimants have been asking about the timeline as to when claims will be evaluated. 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. We wish all of you a joyous holiday season. Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. We respond promptly to inquiries. 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. However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. Posted in Federal Worker Compensation, General, Postal Workers. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. 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. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. Many class members who submitted claims for individual relief have received response letters from the Postal Service. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. 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. Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. 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. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Here are 10 things for every claimant to know RIGHT NOW: 1. At Thomas & Solomon LLP, we forcefully protect those rights. In both collective actions and in individual employment law disputes, we are known as aggressive, knowledgeable and effective lawyers. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. 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. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. Our proposed Case Management Order is carefully tailored to this unprecedented case. As always, please continue to monitor this website for any updates. 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 judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. To the best of our knowledge, the EEOC has never created a website devoted to a single case. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website. 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. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. The claims process is still moving forward. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Yes, the Postal Service should have provided us the NRP file for each person. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. Please continue to check this website for updates. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. 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. Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. 10. Detailed instructions on completing the Declaration form are available by clicking here. We are responding to each call and email in the order received. That work includes representing you in your individual claim through the entire EEOC claims process. The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially accepted less than one percent of claims, and has made zero payments to any claimants. Welcome to the USPS Class Action Claim Website. 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. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. 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. Free shipping for many products! We continue to take every action we can to ensure that this process moves forward as quickly as possible. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them. My Manager told me that I had no other option but to retire; or Our offices argued that the Agencys failure to provide certain information fits a pattern of unnecessary delay on the Agencys part. EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. The EEOC Administrative Judge held a status conference on November 19, 2019. First, please know that we will continue fighting to get you the best possible award. Please check this website for an update after the Status Conference on March 4, 2022. Please continue to check this website for updates. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. For most claimants, filling out the form will take less than one hour. * We do not yet know what will be on the EEOC website, or when this will all happen. 0720080054. The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. The EEOC has never been faced with a claimant class this large. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. 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. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. 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. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. We will post an update on this website shortly after the Status Conference. 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. Please continue to monitor this website over the upcoming weeks for additional important information.