Current Status of the Case

June 6, 2018 – Status Update

We understand that some class members who submitted claims for individual relief have received response letters from the Postal Service. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. We recommend emailing such letters to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574. We will be in touch in the coming weeks if we need anything additional from you.

Class Action Victory – Class Member Claims DUE NOW

The EEOC has issued its final decision denying the Postal Service’s request for reconsideration and allowing Class Members to file a written claim seeking money and other relief. Click here for information about how to file a claim and a suggested claim form to use.

Important Information About How To Submit a Claim and the Deadline to Make a Claim

You must submit a claim form in order to receive any money or other relief in this case. Our office has sent out suggested claim forms to class members which you can use to submit your claim. The Postal Service has also sent out a claim form, but even if you have submitted the form from the Postal Service, you can still send in our suggested form as well. Class Members who use the suggested claim form must fill out the form completely and mail it to the Postal Service at the following address: NEEOISO c/o MSI, P.O. Box 3787, Greenwood Village, CO 80155. Please also send a copy to Thomas & Solomon LLP at 693 East Avenue, Rochester, NY 14607 and keep a copy for your records.

You must submit your claim form within 30 days of your receipt of the notice from the Postal Service about this case. Our suggestion is that you mail your claim form as soon as possible.

Class members who use the suggested claim form are also indicating that they would like Thomas & Solomon LLP and Kator, Parks, Weiser & Harris, PLLC to represent them in making their claim for damages. A retainer letter included in the information packet explains the terms of representation. Class Members who do not want representation can indicate that on the claim form.

The Postal Service will have ninety (90) days after receiving a claim from a Class Member to decide whether to accept the claim. Class Members who have chosen to have Thomas & Solomon LLP and Kator, Parks, Weiser & Harris, PLLC represent them will receive assistance in challenging any claims that are denied.

Click here for additional information about the claims process, including the information packet materials mailed to Class Members.

You can read the EEOC’s final decision by clicking here.

Frequently Asked Questions - McConnell Claim Process

If you have questions about the NRP class action claims process, please review this FAQ section. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. Our team is standing by!

Why is there a 30% contingency fee on the recovery I get?

Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. 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. That work includes representing you in your individual claim through the entire EEOC claims process. If the Postal Service disputes your claim in any way (which we assume the agency will do with respect to every claim), we will represent you in proceedings against the Postal Service. We will represent you before an EEOC administrative judge. 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 does the contingency fee work?

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.

Why should I submit a claim?

The only way for an individual class member to receive any monetary recovery is to submit a timely claim form. We believe the Postal Service must be held accountable for the consequences of its discrimination. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. Our suggested claim form is one page long and is easy to complete. Show the Postal Service that discrimination has consequences – please submit a timely claim!

I received paperwork in the mail from the Postal Service. What do I need to do?

The paperwork you received from the Postal Service tells you what you need to do to submit a claim for money damages in the NRP class action lawsuit. Our office has also sent out a packet of information in the mail with a claim form you can use to make a claim. The most important thing for you to do now is to complete the claim form we sent you and submit your completed, signed claim form to the Postal Service and send us a copy. You should also keep a copy for your records.

What do I need to do now?

Submit a written claim. In order to receive a monetary award, a class member must submit a timely claim to the Postal Service. You can use the form mailed to you by the Postal Service, but we recommend that you use the claim form we have prepared.

How long do I have to make a claim? What is the deadline?

You have 30 days from the date you received the paperwork in the mail from the Postal Service to mail your completed claim form to the Postal Service. To be safe, our suggestion is that you mail your claim form as soon as possible. We recommend that you use our claim form. Here is a link to our claim form. If you prefer, we can email or send our claim form to you. Please send a copy of your completed claim form to our office. You should also keep a copy for your records.

I already submitted a claim using the form sent by the Postal Service. Should I still complete and send in your claim form?

Yes. Even if you already sent in the Postal Service’s form, you should also complete our claim form and mail it to the Postal Service. You can submit more than one claim form to the Postal Service. Please send a copy of your submissions to us as well.

Do I need to submit supporting documents with my claim? What documents should I submit?

The most important thing for you to do now is to mail your signed claim form to the Postal Service and send us a copy. If you have supporting documents readily available to include, you can submit copies of those documents with your claim form, but do not delay sending your claim form to the Postal Service in order to look for and gather documents. You can submit supporting documents later.

I sent you my documents. Will you submit any necessary documents with my claim form?

The most important thing for you to do now is to mail your signed claim form to the Postal Service and send us a copy. Once we receive your signed claim form, we will review it. If you have decided that you want us to represent you, then we will work with you to help determine if there is additional information, including documents, that should be submitted to the Postal Service. Supporting documents can be submitted at a later date.

How much money will I get?

Whether you get any money and how much is determined initially by the Postal Service’s decision on your claim. The Postal Service is required to provide “make whole” relief to all class members who submit a timely claim. The types of damages and relief you could be entitled to are based on your particular situation and may include lost pay and benefits in the past (plus interest), lost pay and benefits in the future, reinstatement to your job at the Postal Service and restoration of any accommodations that were provided to you. You may also seek compensatory damages for harm caused by the NRP and its consequences, including stress, anxiousness, embarrassment, inconvenience, mental anguish, loss of enjoyment of life, reputation issues, health issues, emotional pain, suffering, and other non-monetary losses (up to a maximum of $300,000). You may also request recovery for your out-of-pocket costs and monetary losses caused by the NRP and its consequences (including doctor visit co-pays, mileage costs for doctor visits, and home foreclosure caused by the NRP and its consequences). You will not know what amount, if any, the Postal Service will pay until you receive a decision on your claim. If you are not happy with the decision from the Postal Service, you can appeal that decision. We can also help you with that process if you choose to have us represent you.

What should I write for “how I was harassed” and/or the “harm that the NRP caused me”?

The form has space for you to provide details about harassment and how the NRP harmed you. Some examples of harassment include derogatory comments by supervisors or other employees, such as references to you working for Wal-Mart or Burger King, or comments indicating that injured employees should be fired. Examples of harm include: being sent home “no work available” (fully or partially); reductions in your pay or benefits or work hours; having an accommodation withdrawn, leaving you no reasonable alternative other than resigning or retiring. Additional examples of harm include stress, anxiousness, embarrassment, inconvenience, mental anguish, loss of enjoyment of life, reputation issues, health issues, emotional pain, and suffering resulting from the NRP. If you have decided that you want us to represent you, then we will work with you to help determine if more information should be submitted on these issues.

What happens if I do not agree with the Postal Service’s decision on my claim or my claim is denied?

You have the right to file an appeal if you do not like the Postal Service’s decision. If you decide that you want us to represent you, we will represent you during the claim process.

Are you still my attorneys during this claim process? Will your firm (and Kator Parks) still represent me if I do not use your claim form?

The EEOC approved us as Class Counsel. For your individual claim as a class member, we will represent you in the claim process if you use our claim form and send us a signed copy of our completed claim form, which indicates that you want us to represent you.

What paperwork are you talking about? I never received anything.

The EEOC has issued its final decision denying the Postal Service’s request for reconsideration and allowing class members to file a written claim seeking money and other relief. The Postal Service was ordered to mail a claim notice to all class members. Class members have 30 days from receipt of the claim notice from the Postal Service to submit a claim for money and other relief. We also mailed out a claim form to all class members. Here is a link to our claim form. If you prefer, please call us and we can email or send our claim form to you. You may call us at (585) 272-0540 or toll free at (877) 272-4066.

To what address should I mail my claim?

Make sure you mail your claim to the Postal Service at:

NEEOISO C/O MSI
PO BOX 3787
Greenwood Village CO 80155-3787

Also send a copy of your entire submission to our office:

Thomas & Solomon LLP
693 East Avenue
Rochester, NY 14607

Can I speak to an attorney? I need help figuring out what to write down, can I speak to someone?

For now the most important thing is that you mail your claim form to the Postal Service and also submit a copy to us. Once our attorneys receive a copy of your claim, we will look it over and reach out if we have any questions. If your questions are not answered in the FAQ section, please call us: (585) 272-0540 or toll free at (877) 272-4066.

I am going to need time to pull together all of my medical records or other documents.

The most important thing for you to do now is to mail your signed claim form to the Postal Service and send us a copy. If you obtain additional information or documents later on, you can submit it to the Postal Service at that time.

We have been waiting so many years, why is everything an emergency now?

Unfortunately, we have no control over these deadlines. We understand that it is frustrating but the most important thing for you to do now is to mail your signed claim form to the Postal Service and send us a copy. If you obtain additional information or documents later on, you can submit them at that time.

Why do I have to pay for the postage?

Unfortunately, we were unable to provide you with a pre-paid envelope to an address that does not belong to our firm. We apologize for the inconvenience.

Can I fax or scan it back to you?

You must mail the original claim form to the Postal Service. The copy to our office can be emailed or faxed. Our email address is nrpclassaction@theemploymentattorneys.com, and our fax number is (585) 272-0574 or toll-free (877) 272-4088.

What should I do if I know someone who did not get the paperwork?

Please ask them to give us a call immediately, or they can print out and complete the claim form that we have prepared. Here is a link to our claim form. They must mail the completed, signed claim form to the Postal Service. They should also submit a copy of the completed claim form to our office.

What do I need to submit for my claim?

You must mail a written claim to the Postal Service, noting that you are a class member who was subjected to the NRP at some point between May 5, 2006 and July 1, 2011. We mailed a suggested claim form to all class members. Here is a link to our claim form. You must mail the completed, signed claim form to the Postal Service. The deadline for submitting a claim is short. To be safe, our suggestion is that you mail your claim form as soon as possible.

Do I need to keep a copy of my claim?

We recommend that you keep a copy of your written claim. You should also provide Class Counsel with a copy of your claim. You can mail a copy of your claim to us at:

Thomas & Solomon LLP
693 East Ave.
Rochester, NY 14607

What if I miss the deadline to submit a claim?

Your written claim must be mailed within 30 days of your receipt of the notice from the Postal Service about the EEOC final decision this case. If you miss that deadline, the EEOC may find that you have waived your right to seek money damages in this case. It is critical to mail a claim by the deadline.

Can I submit more than one claim?

You will only have a single claim for relief in this case, but you can present that single claim more than one time, in more than one document. If you have already submitted a written claim and want to add to your claim with our suggested claim form, you may do that.

What if I already submitted a written claim based on the notice and mailing that I received from the Postal Service about this case?

You can submit as many written claim documents as you would like. You will only have a single claim for relief in this case, but you can present that single claim more than one time, in more than one document. If you have already submitted a written claim and want to add to your claim with our suggested claim form, you may do that.

I contacted Class Counsel years ago about this case or submitted information on Class Counsel’s online questionnaire or survey. Is that enough to submit a claim for money damages?

No. In order to be considered for a claim for money damages, a class member must mail a timely written claim to the Postal Service. The deadline is 30 days from your receipt of the notice from the Postal Service about the EEOC final decision in this case. To be safe, our suggestion is that you mail your claim form as soon as possible.

How much can I receive as a class member in this case?

We cannot predict the outcome of a class member’s claim for relief, and the EEOC has provided no specific guidance at this point regarding the likely awards. The applicable law allows class members to seek money damages, all lost pay and benefits, reinstatement of employment and accommodations, and attorney fees for Class Counsel. There is a cap of $300,000 on non-monetary compensatory damages for harm such as stress, anxiousness, embarrassment, inconvenience, mental anguish, loss of enjoyment of life, reputation issues, health issues, emotional pain, and suffering. You may also request recovery for your out-of-pocket costs and monetary losses caused by the NRP and its consequences (including doctor visit co-pays, mileage costs for doctor visits, and home foreclosure caused by the NRP and its consequences).

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

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 are uncertain whether what happened to you was part of the NRP, you should mail a written claim to the Postal Service. Postal Service records will indicate whether you were reviewed under the NRP.

I retired or resigned because of the NRP. What do I do?

You must mail a timely written claim to the Postal Service. The deadline is 30 days of your receipt of the notice from the Postal Service about the EEOC final decision in this case. Our suggested claim form includes a specific check box to indicate that the NRP caused to you retire or resign. Here is a link to our claim form. To be safe, our suggestion is that you mail your claim form as soon as possible.

How long will it take for me to get a money award after I mail a written claim to the Postal Service?

We cannot predict how long this process will take. We will post status updates on the claims process on this website.

Is this a settlement?

No, there has been no settlement of this case. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. All those who were harmed by the NRP discrimination should submit a timely written claim to the Postal Service.

What happens if a class member has passed away?

The class member’s estate (or surviving relative) can submit a claim form to the Postal Service on behalf of the class member. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative).

Do I need to report any money I receive for tax purposes?

Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor.

What happens if I was forced into retirement, but I don’t want my job back?

You should submit a claim anyway. If you are offered reinstatement by the Postal Service in the future, you are free to decline reinstatement at that time. If you want to preserve your opportunity to claim lost pay and benefits and monetary damages, you must mail a timely claim to the Postal Service. Our suggested claim form includes a specific check box to indicate that the NRP caused to you retire or resign. Here is a link to our claim form.

Will this impact my disability or social security claims?

Merely submitting the claim form does not endanger your disability or social security claims. You can always reject any offer that is made to you by the Postal Service in the future.

If I receive money from this case, will I have to reimburse OWCP?

It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. 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.

If I agree for you to represent me, will you take a 30% fee on money that I must pay back to the United States due to alleged overpayment to me by OWCP or OPM or Social Security?

No. Our 30% 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.

Will I have to pay both law firms a 30% contingency fee (for a total of 60%)?

No. If you retain us, your total contingency fee payment will be 30%. 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.

If I am awarded something for my claim that I do not choose to accept, do I still owe a 30% contingency fee on the value of the relief that I turn down?

No, your 30% contingency fee is only on the value of relief that you receive. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. However, before you turn down any relief, you should speak with Class Counsel to explore your options. There may be better options that would work in your benefit.

If my claim is simply accepted by the Postal Service, would I still owe a 30% contingency fee?

Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. Even if the Postal Service accepts and pays 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. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result.

* 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 (tel) (585) 272-0574 (fax)