Gerard J Hatton Staten Island, Cash Wa Catalog, Articles T

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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. The Declaration form contains information that the EEOC Judge has requested for each claimant. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. If you retain us, your total contingency fee payment will be 30%. The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. Please continue to monitor the website for further updates. 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.. There is still time to retain us. March 4, 2022 - Status Update - Status Conference - NRP Class Action We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. In this way, todays Order marks a significant advance toward individual relief awards for each claimant. Yes. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. Please call us if you have any questions about this. Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. Thank you again for your cooperation and patience. Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. Our mailing address is:Thomas & Solomon LLP693 East AvenueRochester, NY 14607. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com. In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. 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. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. 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. In any event, please rest assured that we will return all messages. Introduction. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Thomas & Solomon LLP Please dont be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service! Free shipping for many products! Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. We continue to work with the judge to move this case forward toward a final resolution. 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. 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. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. Please continue to closely monitor the websitewww.nrpclassaction.comin the coming days as our attorneys continue to provide additional guidance. That work includes representing you in your individual claim through the entire EEOC claims process. The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. Contact Employment Law Firms In Rochester NY | Contact Thomas & Solomon LLP 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. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. 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. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us. 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. We continue to take every action possible to help the Judge move this process forward. 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. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. As explained by the Judge in the recent order: [T]he U.S. Thank you for your cooperation and patience through this lengthy process. We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. USPS Class Action Claims | Home It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. On February 11, 2019, Class Counsel filed a proposed Case Management Order to establish a comprehensive claims determination process. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously. Here is a copy of the Order. The EEOC has never been faced with a claimant class this large. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency's designation of claims for each claimant. Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. Please continue to check our website for updates. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients. Thomas & Solomon LLP is a firm serving Rochester, NY in Workplace Harassment, Workplace Discrimination and Sexual Harassment cases. In response to the Administrative Judges February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. Our team is standing by! If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. The Judge set forth what the opt out claimant would need to expressly state in writing: that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. 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. As you know, the EEOC has already entered a strong finding of discrimination against the Class as a whole, and we want to ensure that the claims process provides every Class Member a fair and reasonable opportunity to obtain all relief to which they are entitled under law, as efficiently as possible. I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. Again, there is no need for you to take any action at this time regarding the possibility of settlement. The name of the case is McConnell v. U.S. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. My Manager told me that I might be sent to work for Walmart or another company. Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. US Postal Services Settles Discrimination Class Action for $17.3M We will provide an update to the website as soon as the Judge issues a decision. With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS final action and appeal of the Administrative Judges orders regarding the use of Special Masters to assist with review of the claims. 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. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. 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. 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. There may be better options that would work in your benefit. Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. Victory in Usps Nrp Class Action: Claims for Money Awards Due Now Please provide our office a copy of any letters that you receive from the Postal Service as soon as possible. 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. We greatly appreciate your patience during this process. Thomas & Solomon LLP - Rochester, NY Law Firm | Lawyers.com Yes. We have filed an extension request with the Judge. You should receive a form in the mail by March 18, 2019. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. For most people, the answer is no. Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. 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.. Please check this website for updates. Our suggested claim form is easy to complete. Let us help you to fight for your rights. 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. 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. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. 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. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time. Please Contact Us if you have any questions, comments or if you need information. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. $24.99. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Our attorneys continue to work on this case, and we are in regular contact with the Judge. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.). 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. NRP Class Action is being handled by Thomas & Solomon LLP. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. The EEOC Judge now has submissions from both sides regarding relief for all Claimants. whether that is a severance negotiation on behalf of a high-level executive or a multi-state class action on behalf of . 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 have notched many milestone successes in this case since 2006. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. 4. We will promptly provide an update on this website as soon as that information is available. 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. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients. We hope the EEOC will act quickly to restore order to this process. For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judges Order, but also responds to many frequently asked questions. 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. To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. Salomon v A Salomon and Co Ltd [1897] AC 22. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. 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. 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. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Trackmaster Thomas & Friends Train Tank Engine - Red Passenger Coach Updates - NRP Class Action Lawsuit 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. At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC. The Postal Service will submit its response to our proposed Case Management Order in approximately 15 days. To the best of our knowledge, the EEOC has never created a website devoted to a single case. In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. 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. 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.