thomas and solomon nrp class action

We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. 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. You should mail this letter to: USPS - NELU Salomon v A Salomon & Co Ltd [1896] UKHL 1, [1897] AC 22 is a landmark UK company law case. Please continue to monitor the website for updates. A lengthy status conference was held with the Administrative Judge on May 13, 2019. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. She also indicated that the EEOC intends to send a notice out of such website. 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 more information about the Pittman class action, please go to http://www.pittmanclass.com. 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. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. 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. We continue to work with the judge to move this case forward toward a final resolution. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.. We continue to fight for justice for all of the claimants in this case. Therefore, these activity files should already be in the possession of Phase I Class Counsel. Please check this website for updates. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. You may want to include specific examples of statements that were made to you on your Continuation sheet. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. The next status conference is scheduled for October 31, 2022 at 11:00 am. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! 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. Solomon Northup and Twelve Years a Slave: Analyzing . The Order 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 then Claimants have 20 days to submit their legal brief and evidence. 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. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. 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. Our goal is to get this matter resolved in a fair way as quickly as possible. We will be in touch in the coming weeks if we need anything additional from you. The Judge asked a few clarifying questions about the submissions. 4. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Please continue to check this website for updates. There is no need for you to take any action at this time regarding the possibility of settlement. The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judges Order approving the use of Special Masters. Today we had another video conference call with the Administrative Judge. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. Thomas & Solomon LLP On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim. Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. 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. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. On February 26, 2019, USPS attorneys filed a response to Class Counsel's Motion for Entry of a Case Management Order. You are also allowed to use your own paper. While GODADDY.COM LLC was its first registrar, . We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. The call was fairly brief. We believe that this action by the Postal Service is improper. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. 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. We cannot predict how long this process will take. 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. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. 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. Recently, USPS asked the Judge to create a new, slower process for handling these partially accepted claims. The Declaration form contains information that the EEOC Judge has requested for each claimant. Ms. On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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 strongly encourage timely cooperation if you receive the notice from the EEOC. They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. The next status conference is set for January 24, 2020. This is just an example; witnesses should include an accurate description of the changes in you that they noticed. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. 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. 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. nrp class action: 7.82%: nrp class action settlement: 5.18%: Domain Registration Data. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. As we learn more about the Administrative Judges plans ahead, we will provide updates on this website. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. We are continuing the process of organizing this information as fast as possible. In addition, we have concerns with the Postal Services continuing efforts to break apart the Class and over-burden the EEOC. My Manager told me that I might be sent to work for Walmart or another company. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. A copy of the Case Management Order is available by clicking here. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. 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. 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. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. At Thomas & Solomon LLP, you can have your rights protected and your voice heard by a firm with the resources to hold employers accountable. First, please know that we will continue fighting to get you the best possible award. The Postal Service is disrupting the process by issuing premature FADs. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. 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. 600 17th Street, Suite 1705-S Please continue to monitor the website for further updates. * indicates required information Please continue to check the website for updates. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims. Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0. 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. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. Activity 1. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. 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.. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. And as always, please continue to monitor this website for any important updates. 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 the past few weeks, we received a very large number of calls and emails related to this case. 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. Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! For better or worse, this case presents numerous potential impediments to wide-spread settlement. 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. (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.) This is a good development, but a lengthy fight remains in order to obtain a just and fair result. You can access the Declaration (with instructions) by clicking here. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) As a reminder, the EEOC has not issued any decisions on any of the claims. The EEOC agreed with our position. Todays Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Thank you for all of your patience. Please check this website for an update after the Status Conference on March 4, 2022. The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. Yes. Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy. 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. Detailed instructions on completing the Declaration form are available by clicking here. We organized and submitted all available documentation in accordance with the Case Management Order. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. In the past few days, we have received a very large number of calls and emails related to this case. The Order does not accept the plan proposed by Class Counsel. Please know that we are fighting for you, just as we have done for over 10 years. 0720080054. Unfortunately, the Postal Service continues to dispute every single claim. If you receive a request for information from us, please reply as soon as possible. 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. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. The EEOC Administrative Judge held a status conference on November 19, 2019. At Thomas & Solomon LLP, we forcefully protect those rights. We will promptly provide an update on this website as soon as that information is available. Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) (585) 625-0274 (new temporary facsimile) NRP Class Action Update December 2020 added by on December 14, 2020 View all posts by Rick Owens We are pressing forward and will not be deterred, despite this latest delay tactic by USPS. We are responding to each call and email in the order received. 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. If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). Our class action lawsuit attorneys have a national reputation for successfully handling class action lawsuits of all types and sizes. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. v. United States Postal Service an AJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Summary: The requirements of correctly constituting a limited company. We will post an update to this webpage as soon as a ruling is issued on this Motion. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and If you have questions about the NRP class action claims process, please review this FAQ section. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. If you have not yet received a call back, you may try to call us again, and you may be able to get through. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. 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. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judges consideration. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. Here are 10 things for every claimant to know RIGHT NOW: 1. The call was very lengthy, lasting almost three hours. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. Yes. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. The comprehensive spreadsheet must be filed by July 18, 2022. (Our firms did not seek any such extension.) In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. The Administrative Judge has not yet announced the process or timeline for reviewing claims. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. Please continue to monitor this website for further updates. The Judge answered this question explicitly, and the answer is No. The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD.

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