We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judges recent order, citing our legal briefing, brushed aside USPS objections. The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. We will continue to keep you posted on all major developments in the case. 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. Again, do the best you can with the information you know. However, the employee must file the claim for damages by April 12, 2018. . Our submission may be viewed here. We will take all steps necessary to provide the Judge with timely submissions for all our clients. 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. 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. The plaintiffs allege that the USPS failed to provide reasonable accommodations for these workers. The Postal Service continues to vigorously oppose all forward movement on the Judges Order regarding Special Masters. 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. A lengthy status conference was held with the Administrative Judge on May 13, 2019. 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. Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. 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. We will be in touch in the coming weeks if we need anything additional from you. 693 East Avenue We will post an update to this webpage as soon as a ruling is issued on this Motion. We continue to fight for justice for all of the claimants in this case. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded. 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. * ATTORNEY ADVERTISING * Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. 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. We continue to take every action possible to help the Judge move this process forward. A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. Additional Continuation Sheets and Witness Statement forms are available by clicking here. Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. EUC! We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes. You should receive a form in the mail by March 18, 2019. Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOCs valuation of all the remaining claims. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website. We continue to take every action we can to ensure that this process moves forward as quickly 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. When we have additional details on the EEOC's hearing process for this case, we will post those details on this website. Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor. We recommend that you keep a copy of your written Declaration and any supporting documents that you submit. In addition, you can use the continuation sheet of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as depression or anxiety), and medication prescribed as a result of the NRP. We will provide an update as soon as a decision is issued regarding our motion for sanctions. At the upcoming Status Conference we hope to learn more about the EEOCs plan to move this process forward. You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. 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! Thank you again for your cooperation and patience. We recommend emailing such letters to us at [email protected] or faxing us at (585) 272-0574. We believe that this action by the Postal Service is improper. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose. * indicates required information You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. We respond promptly to inquiries. My Supervisor complained about my limitations. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. 6. For better or worse, this case presents numerous potential impediments to wide-spread settlement. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge. We will continue to oppose the Postal Services ceaseless efforts to delay payments to Class Member claimants. My Supervisor complained about my limitations. We recommend emailing such letters to us at [email protected] or faxing us at 585-272-0574. Free shipping for many products! For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. 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. We have recently received a final decision from the EEOC regarding our appeal. As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. 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. These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. Please note that this does not directly relate to your claim in the NRP Class Action. Thank you for your prompt attention to this important task! Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 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. 520-2010-00280X; Agency No. So I understood that I had no option but to retire; or The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. 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). For most claimants, filling out the form will take less than one hour. 8. 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. 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. First, the Judge announced that the special website created for this case will be posted and active in the coming weeks.