Washington, DC: A $17.3 million settlement has been reached in the discrimination class action brought against The U.S. There is no need for you to take any action at this time regarding the possibility of settlement. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time. 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. My Manager told me that I might be sent to work for Walmart or another company. No. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim. 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. 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. Postal Service employees subjected to the National Reassessment Process in McConnell v. U.S. 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. Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. Merely submitting the claim form does not endanger your disability or social security claims. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . 520-2010-00280X; Agency No. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part). No, your 30% contingency fee is only on the value of relief that you receive. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC Judge. Free shipping. Here is a copy of the Order. 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. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. The call was very lengthy, lasting almost three hours. It is also ok to provide a persons position title if you dont remember a persons name. As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). To schedule an employment law attorney consultation, please call or complete the intake form below. 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. 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. Over the next few weeks, we will be sending out new forms to many of our clients to complete. For our clients, please provide your updated contact information to us. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022. The judge stressed that the EEOC is actively weighing different ways to move the 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. My Supervisor complained about my limitations. *
We continue to respond to each call and email in the order received. The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. View the brief trailer from 12 Years a Slave (2013).. 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. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. 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. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely. 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. Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order. 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. 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. 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 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. 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. We greatly appreciate your patience during this process. The Judges Order says, no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. 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. 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. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. 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. 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. Note: The complete text of Solomon Northup's Twelve Years a Slave can be found at the EDSITEment-reviewed digital archive of Documenting the American South.For further historical context, read the "Introduction to the North American Slave Narrative" from the same archive. 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. The Judge said she will schedule the next conference after she evaluates the information provided in connection with todays call. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. The Judge has indicated that during the Status Conference we may be provided information about the EEOCs plan to move the claims process forward. We recommend emailing such letters to us at [email protected] or faxing us at 585-272-0574. 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. Our proposed Case Management Order calls for immediate processing of 50 initial claims, including opportunities for limited discovery. There is no action needed at this time on your individual claim. You are also allowed to use your own paper. . Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. EUC! We continue to work with the judge to move this case forward toward a final resolution. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP. A copy of Class Counsel's motion is available by clicking here. As previously reported, we have filed an extension request with the Judge. For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. 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. 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 [email protected] or by telephone at 585-272-0540. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. For most people, it will take less than one hour to complete the Declaration. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. In the case of Sandra McConnell, et al. Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOCs website related to this case. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. 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. We strongly recommend that you do not opt out of this process.
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