Year: 2020

Status Update

We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. The claims, evidence, and legal briefs for all of our clients’ relief claims have been submitted to the EEOC Administrative Judge. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. 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 goal is to get this matter resolved in a fair way as quickly as possible. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website.

We thank you all for your continued patience with this process. We share your frustration with how long this is taking, and we share your anger with the Postal Service’s continued efforts to delay justice in this case. Please know that we are fighting for you, just as we have done for over 10 years.

Here are answers to some questions that have been presented by a number of the class members:

What if I move or change my contact information?

For our clients, please provide your updated contact information to us. The best way to provide this information is to email us at [email protected]. We keep track of our clients’ contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it.

Will my claim continue if I die?

First, please know that we will continue fighting to get you the best possible award. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations.

Your claim in this case is a personal asset. 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. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate.

Unfortunately, some of our clients in this case have passed away. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution.

Can I be reinstated to my USPS job now while this relief process is ongoing?

There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 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.

Status Update

There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Various parties, including USPS, objected to terms of the judge’s order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. We continue to work with the judge to move this case forward toward a final resolution. We will provide an update on this website when we learn more about the judge’s decision regarding the process moving forward, and any other significant updates in the case. Thank you for all of your patience.

Status Update

The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. 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.

Pursuant to today’s Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them.

Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOC’s valuation of all the remaining claims. In addition, it is possible that the Special Masters’ valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. In this way, today’s Order marks a significant advance toward individual relief awards for each claimant.

Today’s Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Nevertheless, today’s Order reflects the Judge’s strong desire to move the process forward decisively.

Please continue to check this website for updates. Thank you for your cooperation and patience through this lengthy process.

Status Update

The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judge’s Order approving the use of Special Masters. (Our firms did not seek any such extension.) To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Please continue to monitor the website for updates.

Status Update

While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). We will continue to provide updates on this website as notable developments occur. We hope you and your loved ones are safe during these difficult times.

Status Update – Deadline to Submit All Supplemental Documents to the Administrative Judge

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. If you have any questions, please feel free to email us at [email protected] or call us at 585-272-0540.

Status Update

The claims process is still moving forward. 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.

Our law offices have also been impacted by the Covid-19 situation. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomon’s office is currently closed. However, attorneys and staff are working remotely, and we are monitoring our voicemail. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Our attorneys continue to work on this case, and we are in regular contact with the Judge. We continue to take every action possible to help the Judge move this process forward.

Please continue to monitor this website for any updates.

Status Update – Status Conference

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. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. Therefore, if you have not already provided us with a Disability Form (“Supplemental Declaration Regarding Disability”), you must provide that form to us right away so that it can be filed by March 31. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.)

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. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case.

Again, if you have not yet provided us with a Disability Form (“Supplemental Declaration Regarding Disability”), you must provide that form to us right away so that it can be filed with the Judge by March 31.

Status Update – Pittman Settlement Letters

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. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS.

Please note that this does not directly relate to your claim in the NRP Class Action. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action.

We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. You can send a letter that states “I request a copy of my Claim Form from the Pittman class action,” and provide your mailing address. You should mail this letter to:

USPS – NELU
600 17th Street, Suite 1705-S
Denver, CO 80202

There is no need at this time to send a copy of the Pittman claim form to our offices. We recommend that you retain the claim form documents for your records. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Thank you.