Status Update

EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement.

We are very grateful for the Judge’s willingness to discuss the possibility of settlement. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. 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. However, settlement is not possible in every case. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.)

The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Again, there is no need for you to take any action at this time regarding the possibility of settlement.

Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case.

Status Update

Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. The call was very lengthy, lasting almost three hours. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Here is a copy of the Order.

Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future.

Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process.

Status Update – Claim Statements Filed

As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. We organized and submitted all available documentation in accordance with the Case Management Order. The EEOC Judge now has submissions from both sides regarding relief for all Claimants.

The next status conference with the EEOC Judge is scheduled for August 2019. We will promptly update this website as soon as we have news to report.

Thank you for your support, assistance, and patience throughout this claims process. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP.

Of note, we may request feedback or clarification from some Claimants in the next few weeks. If you receive a request for information from us, please reply as soon as possible. Thank you again for your cooperation and patience.

Status Update – USPS Provides Some NRP Files to Counsel

The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. We will promptly pursue this issue through the appropriate process. 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.

As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS.

Status Update – Submission Regarding “Partially Accepted” Claims

As you may be aware, USPS disputed every claim submitted in this case. On the other hand, USPS “partially accepted” some parts of a small percentage of claims (less than 2%). (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) Recently, USPS asked the Judge to create a new, slower process for handling these “partially accepted” claims. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. 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.

The Judge has indicated a desire to resolve this issue promptly, if possible. We will provide an update to the website as soon as the Judge issues a decision. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. If you receive a request from us for additional information, we urge you to respond as soon as possible. Thanks as always for your ongoing patience, and your assistance in this case.

Status Update – CLAIM DECLARATION FORMS AVAILABLE NOW – COMPLETED DECLARATIONS MUST BE RETURNED VERY QUICKLY

Here are 10 things for every claimant to know RIGHT NOW:

1. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. You should receive a form in the mail by March 18, 2019. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here.
   
   
2. The Declaration form contains information that the EEOC Judge has requested for each claimant. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service.
   
   
3. You should complete, sign and return the Declaration form to our offices as soon as possible. At the very latest, you must complete, sign and return the form to us by March 25, 2019.
   
   
4. Detailed instructions on completing the Declaration form are available by clicking here. For most claimants, filling out the form will take less than one hour.
   
   
5. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. Additional Continuation Sheets and Witness Statement forms are available by clicking here.
   
   
6. 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. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion.
   
   
7. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019.
   
   
8. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. 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.
   
   
9. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time.
   
   
10. Please do not give up on your claims for relief! You have come too far in the process to quit now. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019.
    

Thank you for your prompt attention to this important task!

Frequently Asked Questions About Claim Declaration – March 2019

Q: What decision are you talking about?

A: On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. 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 are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019.

Q: What decision are you talking about?

A: There is still time to retain us. We can send you out a retainer letter that must be signed and returned to our office. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. You will also need to fill out the Declaration. You can email the documents to [email protected], fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607.

Q: I already sent you my documents, can you include them?

A: Yes, we will include any documents you have provided to our office. You do not need to send us documents that you already sent us. If you have any additional documents, please make sure to include them with the completed Declaration.

Q: I already answered questions like the questions in the Declaration form; do I really have to spend more time answering these questions?

A: Yes. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. For most people, it will take less than one hour to complete the Declaration.

Q: Will I receive any money? How much money will I get?

A: Whether you get any money and how much is determined by the EEOC’s decision on your claim. 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. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation.

Q: After I complete and sign the Declaration form, where do I mail it to?

A: For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Our mailing address is:

Thomas & Solomon LLP
693 East Avenue
Rochester, NY 14607

Q: Can I fax or scan it back to you?

A: Yes. Our email address is [email protected] and our fax is 585-272-0574.

Q: Do I need to keep a copy of my Declaration?

A: We recommend that you keep a copy of your written Declaration and any supporting documents that you submit.

Q: What if I miss the deadline to submit the Declaration?

A: Our office has filed an emergency motion for reconsideration of the EEOC Judge’s decision in order to ensure that all claimants have sufficient time to complete the paperwork. Until we know if our motion has been granted, you should proceed as though the Declaration should be returned to our office by March 25, 2019.

Q: I recently completed an online survey for this case that asked very similar questions, and I would like to see my answers to the survey; can you help me do that?

A: Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. Nevertheless, those survey responses might help give you a starting point!

Q: I am not sure if I was subjected to review by the NRP. What should I do?

A: Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019.

Q: Do you have my NRP file?

A: Yes, the Postal Service should have provided us the NRP file for each person. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge.

Q: How long will it take for me to get a money award after I submit a written claim?

A: We cannot predict how long this process will take. We will post status updates on the claims process on this website. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants.

Q: I want to make sure that you are representing me in my claim – do I need to fill out a new retainer agreement?

A: 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. Other people used a different claim form, then filled out a written retainer agreement with our office. If you did either of those two things, then there is no need to fill out another retainer agreement. If you would like to retain our firms at this time to represent you in your individual claim, please let us know immediately, and we will send you a retainer letter that must be signed by you and returned to our office.

Q: How many witness statements should I get?

A: There is not a magic number for how much information should be submitted. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose.

Q: Who should I get to complete a witness statement?

A: You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. 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. This is just an example; witnesses should include an accurate description of the changes in you that they noticed.

Q: Can I submit additional pages with the declaration/witness statement?

A: Yes, feel free to use additional pages.

Q: Can I speak with an attorney?

A: Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Go ahead and read through the instructions we provided and do the best that you can. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540.

Q: What happens if I don’t have medical documentation?

A: The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. However, medical information can help support your claim for damages. 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. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. 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.

Q: What happens if I cannot remember or I don’t know the answers?

A: Just do the best that you can with any information that you know. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. It is also ok to provide a person’s position title if you don’t remember a person’s name. Again, do the best you can with the information you know. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. 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.

Q: What happens if I need additional pages?

A: If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. You are also allowed to use your own paper.

Q: This process has taken so long already – are we any closer to getting our relief?

A: Yes. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. This has been a long and hard-fought battle against the Postal Service, but the end is in sight.

Q: What is “constructive discharge”? How should I fill in that part of the claim Declaration?

A: 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. The legal term for this situation is “constructive discharge.” Section 7 of the Declaration form will help you figure out if your situation is covered by “constructive discharge.” Here are three suggestions in connection with constructive discharge claims.

First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. You should mark the boxes for every statement that applies to your situation. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.

Second, you should consider providing additional information in a Continuation sheet. 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. 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. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.

If applicable to you, here are some possible short statements that can help explain what happened:

• My Manager told me that I had no other option but to retire; or
• I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. So I understood that I had no option but to retire; or
• I was told that I would be sent to work for Walmart; or
• They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or
• They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or
• My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire.

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). 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. 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.

A: What should I include on a Continuation sheet about the harassment I suffered?

Q: To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. If applicable to you, here are some possible short statements that can help explain what happened:

• My Manager told me that I might be sent to work for Walmart or another company.
• My co-workers made fun of me, and told me that I would end up being sent to work for Walmart.
• My Supervisor complained about my limitations.
• My Supervisors or co-workers called me lazy due to my restrictions.

You may want to include specific examples of statements that were made to you on your Continuation sheet. You should include specific names of people that harassed you, and approximate dates to the best you can.

Q: How does the contingency fee work?

A: A contingency fee is only paid if we obtain a recovery for you. If you receive nothing as a result of your claim, you would owe us nothing. 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. 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 the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.

Of course, as the case proceeds, we are unable to predict what the final outcome will be. 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. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis.

Status Update

A lengthy status conference was held with the Administrative Judge on May 13, 2019. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. Continued patience is therefore required.

One important issue was decided during the status conference. 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. The Judge partially granted our motion. Pursuant to the Judge’s order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. As a result of the Judge’s order, we soon should have all NRP Activity Files in connection with our firms’ clients. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date.

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. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. The Judge expressed a hope that she could begin to review individual claims in late July or August. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible.

Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim.

Please continue to monitor this website for status updates. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). (A copy of the Declaration form is available by clicking this link). Thank you!

Status Update – Motion Filed to Force USPS to Submit NRP Files

Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief.

To see the Motion that was filed, CLICK HERE.

We will post an update to this webpage as soon as a ruling is issued on this Motion.

Status Update for Our Clients

The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judge’s consideration. A significant amount of legal work remains to be accomplished as we press forward on every front.

If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. You can access the Declaration (with instructions) by clicking here. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us.

Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through.

Status Update

As previously reported, we have filed an extension request with the Judge. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website.

The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients.

Thanks to all who have returned Declarations to us. We are continuing the process of organizing this information as fast as possible.

In the past few weeks, we received a very large number of calls and emails related to this case. We continue to respond to each call and email in the order received. If you have not yet received a call back, you may try to call us again, and you may be able to get through. In any event, please rest assured that we will return all messages. As always, we greatly appreciate your patience during this process.

Many of you have asked about the next steps in the EEOC process. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients.

A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below).