April 05, 2018 – Exclusive for Postal Employee Network (PEN) – Class Counsel in the NRP Class Action, also known as McConnell v. USPS class action, write to provide an important update. We won the case, but now there is a very short deadline for individual Class Members to submit claims for money awards and other monetary and non-monetary relief. Please spread this time-sensitive news ASAP to your current and former USPS co-workers, especially anyone who is now retired or otherwise may not receive updates through the mail.
UPDATE SUMMARY. The opportunity for Class Members in the NRP Class Action to file claims for relief is still open, and we encourage every person who was reviewed under the NRP to submit a written claim. To be safe, we recommend that written claims BE MAILED TO THE POSTAL SERVICE BY APRIL 12, 2018. The deadline set by the EEOC for submitting a claim to the USPS is 30 days after an individual receives a notice from the USPS about the EEOC decision. We have provided and published a suggested Claim Form, which can be found at NRPclassaction.com.
THIS IS NOT A SETTLEMENT. The Class has not settled this case. After years of hard-fought litigation, the EEOC found that the USPS discriminated against the Class as a whole when it ran the National Reassessment Process between May 5, 2006 and July 1, 2011. Because the EEOC found class-wide discrimination, each Class Member may now submit a claim seeking individual money damages, lost pay, and other relief. Monetary relief is available to all Class Members who submit a timely claim. Failure to submit a timely claim to the Postal Service jeopardizes your opportunity to receive any relief in this case. There is no guarantee that any individual Class Member will receive a particular monetary recovery, or any monetary relief at all. But now is the time for all Class Members to file individual claims.
WHAT FORM TO USE FOR YOUR CLAIM. The EEOC order states that Class Members must submit a written claim to the Postal Service by the 30-day deadline. USPS sent out a version of a claim form that includes very little information. Class Counsel has provided and published a suggested Claim Form, which includes far more information to set the basis for your claim. We suggest that you use the content of our suggested Claim Form, as it seeks to cover all aspects of relief to which you may be entitled.
You may submit both the USPS claim form and the Class Counsel Claim Form. If you already submitted the USPS claim form, you can still submit the Class Counsel Claim Form as well. You may submit additional information or documents with your Claim Form. The most critical thing is for you to submit a Claim Form by the 30-day deadline. The mailing address for submitting your Claim Form is: NEEOISO c/o MSI, P.O. Box 3787, Greenwood Village, CO 80155.
We also ask that you keep a copy of your Claim Form, and send a copy of your Claim Form to Class Counsel at the following address: Thomas & Solomon, 693 East Ave, Rochester NY 14607.
We recommend that you claim back pay if the NRP and/or its consequences resulted in a reduction in your pay, benefits, or work hours. In addition, we recommend that you claim back pay if you resigned or retired as a result of the NRP and/or its consequences. If you are not sure, you should claim back pay in order to preserve your claim. You must submit a timely written claim to the Postal Service in order to be considered for an award of back pay. You should indicate on your Claim Form that you seek an award of back pay for all past and future pay and benefits you lost as a result of the NRP. If you use Class Counsel’s suggested Claim Form, you will be making a claim for back pay. You DO NOT need to calculate the amount of lost pay and benefits at this time. If you file a timely claim, and if you are entitled to back pay, the Postal Service is required to prepare a calculation of your back pay as part of the claim process. The Postal Service may require you to cooperate in the back pay calculation process, and may require you to provide information related to back pay. If you disagree with the Postal Service’s calculation of back pay, you will have an opportunity to appeal.
WHY YOU SHOULD CONSIDER HIRING COUNSEL TO REPRESENT YOU IN THIS PROCESS. Based on the Postal Service’s vigorous defense of the NRP for more than ten years, we believe the Postal Service will probably dispute every claim for individual relief. You may submit your claim without hiring a lawyer. But if you would like to hire us for your individual claim, we are agreeing to represent each individual Class Member who retains us through the individual EEOC claims process. If you decide to hire us, we would charge you a contingency fee of 30%. The 30% contingency fee covers the additional work we will perform on your behalf to help you obtain the money and other relief you may be entitled to receive as a Class Member. If you hire us for your individual claim, our work includes representing you through the entire EEOC claims process. If you decide to hire us and the Postal Service disputes your claim (which we assume the agency will do with respect to every claim), we will represent you in proceedings against the Postal Service. If you decide to hire us, we will represent you before an EEOC Administrative Judge, and 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. The Judge may wish for a live hearing to determine the proper award for your claim. If you are unsatisfied with the Postal Service’s final decision on your claim, which would come after the EEOC Judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington.
HOW THE CONTINGENCY FEE PAYMENT WORKS. 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, we would be entitled to 30% of the gross, pre-tax amount of the final award that you receive in this case. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and would not relate in any way to the 30% contingency fee payment.
Our 30% contingency fee WILL NOT be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security.
Of course, we are unable to predict what the final outcome will be. If the case settles at some point in the future, we would seek to have the Postal Service pay all of the attorney’s fees in this case so that the Class Members do not have to pay contingency fees to us from individual recoveries. At the present time, though, because there is no settlement, we are prepared to represent Class Members on an individual basis to make your claim for recovery on a contingency fee basis.
If you would like to hire us to represent you on your individual claim, you should: use Class Counsel’s suggested Claim Form that we sent by mail (which can also be found at NRPclassaction.com); send the signed, completed Claim Form to the Postal Service; and send a copy of the signed, completed Claim Form to us, thus indicating your agreement to have us represent you for your individual claim.
THIS PROCESS WILL PROBABLY TAKE TIME. The EEOC order requires the USPS to make a determination on what relief the USPS believes a Class Member is entitled to within 90 days of receiving a written claim. However, the EEOC rules provide that if the Postal Service “disputes” a Class Member’s claim, the matter is sent to an EEOC administrative judge and the 90-day deadline is stopped. The Postal Service attorneys have fought very hard throughout this case, and Class Counsel expects the Postal Service to engage in a lengthy fight over individual Class Member claims as well.
WHERE TO GET MORE INFORMATION. Class Counsel’s website for this case is NRPclassaction.com. On that site, you can find Class Counsel’s suggested Claim Form, information about the claims process, and the answers to many questions on the FAQ page (by clicking the FAQ tab at the top of the page). You may also call us to speak with us at 585-272-0540 or toll free at 877-272-4066.
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* ATTORNEY ADVERTISING * NRP Class Action is being handled by Thomas & Solomon LLP. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded.* Please Contact Us if you have any questions, comments or if you need information. Thomas & Solomon LLP 693 East Avenue Rochester NY, 14607, 585-272-0540.
My mom is part of this lawsuit and just passed away March 19, 2019. She was forced to retire after 23 years. If they had waited nine more months she would of retired with full benefits. The post office is horrible for what they did to her and the other employees. Attorneys said that my brother and I could still continue the suit. Lets see if anything is resolved before we die.
I received gross negligence and punishment from Postal management for years! They literally harrassed me in the office AND on the street for at least 2-3 times a week to make me work faster. They overlooked my injuries and defied the union with hidden clauses to justify their actions. I actually had to file age discrimination in order to get any release. Didn’t help a bit! They wasn’t happy until they forced me to retire, it was either that or me loosing it all. Post Service have the worst so-called-managers EVER! If you haven’t completed these forms, do so!
Hello, I am unable to fill out the form as I am in Thailand until April 5 , cannot download the form. Can this be sent to my address so I can address this when I return? Sincerely Glenn Goudreau 139 W. Oak St. Lake Mills, Wis. 53551
Glenn – you would need to email the class attorneys and ask. Here’s their email address: NRPclassaction@theemploymentattorneys.com – or fax them at 585-272-0574
I received my Contact information update sheet, to mail back to Colorado…December 24, 2018. I retired as a Letter Carrier 2007 as Disabled and receive an annuity. It’s not just the USPS, it’s the SYSTEM of judicial process that’s criminal. This is the second settlement for NRP. Some people got paid in 2015. They owe all of us for the inhuman treatment we were subjected to. God is good and it’s coming at his time not USPS but God. Seven surgeries in a 9 year span…what’s worse? Keep fighting and never give in or give up.
How much was won and when will injured be paid out? Will they be compensated retirement,vacatuon,and sick leave. How about compensatory,and punitive damages. They should have to pay everyone’s attorney fees and why do we have to pay those fees the post office are the ones that violated the ada
To Rick (33 years in the USMC), thank you for your service. I am an Air Force veteran who was treated like garbage my whole career while busting my rear end for this company. I know as well as you do that KARMA will someday get these people. I have had 3 surgeries on my right side (satchel side), foot, hernia and shoulder. I didn’t kiss the unions rear end so the advice they gave me wasn’t enough for an amoeba to choke on.Lawyers overall don’t want to take on these unions or the Post Office. At least we served our country and can feel good about who we are. I noticed throughout my career that 99% of these dumb, bully supervisors never had a thought of serving in the military, many of them strained their backs after a few weeks of carrying and found a loophole into being a manager. What a bunch of weasels. (Or they are sitting their lazy rear ends in a union hall helping only people who hang around the hall and kiss their rear ends. They all make me sick. Watch what happens to this Post Office when all the veterans are gone. They just lost 1.5 Billion dollars last quarter and there is surely more to come the way they treat good, solid workers and cater to the non-hackers.
I don’t know where to start but I will try to keep it short. I got hurt delivering mail, after spending a week in the hospital and back surgery. I eventually went back to work (light duty) there wasnt a light duty job available that fit my limitations. I was sent home a short time later (few days) I got a call to come in I was brought in the office and told I was no longer needed. the reason was there wasnt a job there I could do. I turned in my uniform and badge and left. that’s the short version.
I knew this wasnt right. I never was late or written up or anything. I tried to call around and find a attorney that would talk to me no one would take on the postal service I was told they were untouchable.
so I just let it go forgot about it and moved on with my life…until few months ago I started getting calls from unknown number finally..reluctantly I answered, a lady started telling about a lawsuit after asking a few questions I convinced myself this wasn’t some scam. I got the paperwork and sent it in. to date I hadn’t been contacted by the postal service in any fashion.
so as of now I really still don’t know what’s going on and how being part of this is going to benefit me and my family or what the bencoukd be or is it just a bunch of bs? anyone that could shed some light on this I appreciate it.
You need to visit our NRP Forum here: https://www.quicktopic.com/44/H/gDC2EdHJvaLm3
28 years ago this day I suffered an injury that changed my life forever. I was out of work 31 months with permanent damage. When I returned to a modified duty position I remained doing my job until NRP said there was no longer any work withing my medical restrictions, but yet I was never placed back on the OWCP roles. For 7 months I didn’t receive any pay, just benefits until I officially retired on May 31, 2008. Had no choice.
It’s been ten years for me as well..I moved and each time I turned in a COA what do you mean I didn’t send in the claim form in a timely manner. USPS sent me a confirmation letter and my mail and you tell me that you sent me a claim letter the devil is a liar. If I got the confirmation letter I should have gotten the claim form. Jerks didn’t send one so they could deny my claim. I got hurt at work at the PO, because they wouldn’t ask Fed Ex to pack and wrap the skid better. I reported the skid and took pictures and it fell on me and you (USPS) took care of my injury and you don’t have a record of it. I DO!!!!!! I wasn’t born with rods bolts and screws not I got them for life!!!!! Really???????
Hello everyone , I feel your pain and I was a postal worker mail clerk / mail handler and I to had a back injury went out the had like everyone on my case my supervisor had came with me to the emergency room that evening I could not believe she ce to tell what happened with me back to here superior. Yes I was injured things still did not go to well after the fact they learn of my back injury. I can remember every detail put I want to make this short . they followed me all the way to where I seen there doctor .and nurse and Rehabilitation and then forced back to work if I don’t come I will be out of a income . so I came back on light duty . went I went back for my first day of light duty I stayed you call this light duty this is smillsimular work that I left .but to make a long story short . I ‘ am with you in your battle there is so much more I we would like to say but I have to stop here I could go on more but I will end it . and I wish true and justice for all
Been 10 years and just when I think I’m good I had to read all the documents I kept thank God and open the wounds again. I carried mail 10 years and 3 knee surgeries so I did a job as a rehabilitated employee for 10 years which was a management position but I got paid a clerk? They made me send out letters to all CPUs that a Retail Specialist would betheir liaison. So sad. All because i was injured employee. I retired early as couldn’t get a management job because I was paid as a clerk. 10 years I had to give up. I increased USPS Revenue by millions. So sad they walked me out like i was a criminal. They took my badge, credit cards and business cards. 25 years of service at the time. I retired early was sick to my stomach had to do a clerk position. So wrong
Got a letter saying USPS, of course, is diputing my claim. Ni surprise there. The nonsensical part of the letter says 1) You didn’t specify you were subjected to NRP. Well, whst their letter asked for didn’t aak for that specific date or info (I got my NRP “agreement letter in Apeil, 2009). And 2) you didn’t make specific showing of the consequences. I did, without any specific monetary details. I noted how some managers would not allow me to sign the ODL and, how management wouldn’t allow me to assume a route bid becausrle they were “going to make it all walking” and awarded ot to a junior carrier. (The roure never has become a walking route.)
Different day, same games from the Postal Service.
did not know about this old address on file they have my new address I get write ups all the time during my treatments chemo and radiation treatments and others things I’m dealing with and stroke hey I god is good all day every day . co worker text me this information and phone number which I called update my address
Got a dispute letter today. They claim there is no proof I was even injured? That every single thing I said was unproven or I was not specific enough? Like a lot of folks I have kept much of my paperwork including the NRP job offer. What a joke! The stress from bringing back the darkest time in my life makes me physically ill. So now I pray and have faith.
How many people have received a FAD letter?
I sent in my claim, with minimal documentation, just to file timely. I am working on getting all my information together. But worry I will not e denied for lack of proof. To date, I have not received any sort of response.
Sandra – post your question to our NRP forum. Thanks – Rick @ PEN
You guys just brought me back down to earth, and all of you are correct in some way. retired in 2009 with 33 years USMC Vet 3 or 4 months before I retired my Pop was in the hospital and so was my Mom Pop past Mom is doing fine. Any way was off two to three days came back to work and was approach by super (so so )was ask why I was off and replied the reason.. His statement as follows — I don’t care about your parents your job is more important , I had a few words my self then was walked off the clock . district manager area manager post mast all had told me before hand take the time you need. But this one super had to spark the fire. Went to the military base I was war time vet and ready to gear up. They put me off of work with the post office and didn’t want me to go back every. That s just one story out of so many. Guys really I just wanted to forget the USPS but I felt filing a form was the right thing to do. This is not just about me but I truly feel the P O has it’s bully’s and most of us have always had our hands tied. The best medicine for anything is the Lord. I died once and was at heavens gate wanted to go in and stay total peace only I was pulled back it wasn’t my time. And I will not expect anything if it comes fine if not that’s OK to .
I received my letter in May 2018 also, which is suppose to be after the date.
I hear the Post office was suppose to send you a letter for this claim. I received nothing from them except a phone call from the Thomas and Solomon. I think its interesting that if the Post Office want to send you back in for exams (we have to pay for that out of pocket) they know where you live, BUT they cant find you to send a letter for this. My incident, They told me that I had to come back to work with a note from my Doctor, saying I am healed, on Monday(8 yrs; ago) When they new that I was scheduled for hip surgery do to IOD. ?? They had me clean out my locker and walked me out.
I was initially confused by the first mailing from the USPS. I asked my Dad a retired USPS employee about it & he didn’t even understand it. My Mom who also worked for the USPS as a clerk & was majorly injured while on the job back in 2002. Was basically forced into an early retirement in 2003/2004 never received any kind of paperwork from any body. So, how far does this go back to? Is there only certain craft employees involved? I’ve read so many different things. I only began taking this seriously after the third document from the attorneys came to a house I hadn’t lived at for over 13 years. Thankfully a CCA knew that I had lived there at one time & handed it to me. I filled out all the documentation, sent it in. I even called the attorneys to make sure they received my information. They said the POST OFFICE is the one who provided them with the bad addresses. Funny how the POST OFFICE knows my current address & gave the attorneys the wrong one. So, how do you actually know if you are part o this?
The USPS states to return claim within thirty days of receipt. That timeframe is ambiguous since there is no way to determine when the letter was received. I did not get my letter in April, but May 2018. The letter from the law firm at least had a time date on the postage meter strip(May 9,2018) So this date of April 12th 2018 to send in your claim is impossible for those of us who did not get our letters until May 2018. I am sure there are those who have still not received their letters. Remember the optimum word is(date you received )not date mailed. No proof of mailing, no proof of receiving.
HOW are we to show proof when many of us retired and may or may not have any papers?? Suggestions and help in THIS area is very important. Will USPS have to supply us with info, do they still have it, does the Union, etc. Please consider adding some help in this area. I do plan to speak with lawyers . They did say to go ahead and submit, can provide more proof later. I hope so.
Deborah – post all of your questions at PEN’s NRP forum – I feel certain you can get many answers there. If not, the only answer I know of is to ask the attorneys. I do not have any answers for this class action – I am not an attorney. Best of luck to you. Rick @ PEN
Forum is here: https://www.quicktopic.com/44/H/gDC2EdHJvaLm3
only received form to submit at beginning of april submitting after 4/12 will it be considered since i received it late
Norma – we cannot advise you. You need to contact the attorneys.
please send me a copy of the claim form
Billie – we do not have a copy of the NRP class form – contact the attorneys here: http://nrpclassaction.com/
I was injured on the job on 5 7 2012 where it left me 50% disabled in my right wrist where I have a scope latorial torn ligament I was without pay from the United States Post Office for over two and a half years trying to justify that I definitely was hurt on the job we finally settled sometime in 2014 I still have not been paid for any injury of my right hand other than a schedule award please help
VET don’t send it in you won’t be here the last person I heard speak those words is deceased. Remember Attorney only take wining cases they don’t work for free. I will be here when my settlement comes through.
I also will submit the claim form. I was forced to retire in 2011 with my annuity from the USPS after 25 years as a letter carrier. $1200 and change a month. Had to apply for Social Security at 62. If I was able to keep working for an additional five years it would have been worth an additional 250 – 280 Thousand. Seven years, 350 Thousand.The NRP and DRAC took my livelihood away. Sure I will file a claim, I have every piece of paper related to my original injury in 1996 through the NRP process. If the attorneys are willing to do their job, I may get some relief,but I don’t really expect much more than the cost of a cup of coffee.
Thanks VET we chatted privately years ago!
Ten years for me
Vet, sad but true…I’m gonna send in my claim form but I won’t be holding my breath or placing any hope in any significant recovery for the pain, suffering, loss, and damage that over took my life 8 years ago. Both mentally and physically. And I’m still suffering the effects of that!
10 yrs of litigation and still no justice. Just verbage on how we won. We haven’t won anything, just more bs and time constraints to abide by. When we actually do win against this mafia, we will all be in our graves. Sounds as if this judge was under the the USPS finger and settled for only language and not that of any monetary gain. Once again they go unscathed and employees go harmed.