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. The Postal Service is disrupting the process by issuing premature FADs. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. Our office has filed an emergency motion for reconsideration of the EEOC Judges decision in order to ensure that all claimants have sufficient time to complete the paperwork. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. Name * First Last . Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. We will provide you with written instructions on what to include to support your claim. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. 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. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. 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. And please call or email us if you have questions. RULING REGARDING NRP ACTIVITY FILES It is undisputed that NRP Activity files were produced to Phase I Class Counsel during discovery. 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. We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. The conference lasted a little over two hours. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. We will provide updated information regarding the process on this website. We deeply appreciate your extraordinary patience as this lengthy process moves forward. 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. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. Unfortunately, the Postal Service continues to dispute every single claim. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. (Our firms did not seek any such extension.) As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. 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 can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. In the past few days, we have received a very large number of calls and emails related to this case. 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. We will provide an update as soon as further news is available. 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. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. The NRP has been rolled out in most USPS districts across the nation. You have come too far in the process to quit now. View the brief trailer from 12 Years a Slave (2013).. * ATTORNEY ADVERTISING * The best way to get guidance on your specific legal issue is to contact a lawyer. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. 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. During the status conference last week, the Judge clearly indicated a strong desire to move the claim process forward as fast as possible, while also appreciating the logistical challenges associated with a case involving 28,000+ individual claims. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOCs recent communication, you must also contact our office as well to update the information. Thank you again for your cooperation and patience. Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Many class members who submitted claims for individual relief have received response letters from the Postal Service. 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. We organized and submitted all available documentation in accordance with the Case Management Order. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. My Manager told me that I had no other option but to retire; or 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. If you have any updated contact information and have not yet provided it to our office, please call us at 585-272-0540 or email us at NRPClassAction@theemploymentattorneys.com. If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance. Additional Continuation Sheets and Witness Statement forms are available by clicking here. We recommend that you retain the claim form documents for your records. As your attorneys, we agree with the Judges negative view of the opt-out process. My Manager told me that I might be sent to work for Walmart or another company. There is not a magic number for how much information should be submitted. Salomon v A Salomon and Co Ltd [1897] AC 22. Posted in Federal Worker Compensation, General, Postal Workers. Do you need to file an individual appeal from the FAD? 600 17th Street, Suite 1705-S As previously reported, we have filed an extension request with the Judge. In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomons office is currently closed. A copy of the Case Management Order is available by clicking here. 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. A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion. Separate Legal Personality (SLP) is the basic tenet on which company law is premised. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. We thank you all for your continued patience with this process. 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. The Administrative Judge held a video status conference today, and shared some news about the EEOC's plans for moving this case forward. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. The Judge partially granted our motion. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the 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. You may want to include specific examples of statements that were made to you on your Continuation sheet.