Littlbird  12-10-2018
12:56 PM ET (US)
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PEA @12782, Thank you for your post, and I agree with you. In 2010 I went to 2 different attorneys in my city for help and neither would touch it. I had completely forgotten about this class action until i was notified in March 2018. I then took it to another atty, and yes, he jumped at the chance. I wanted someone local, I am a long way from Buffalo NY but I appreciate the work T&S has done. I don’t like the fact that you have been banned, you have a lot of knowledge that is helpful to us, so thank you for continuing to help. I do wish I would have known about you, because my attorney is taking 20% of all of it. I agree that they are simply filing the paperwork with my already gathered information, but I’m glad I have someone legally helping me. Thank you again and I always learn something new when you post.
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nosyrosy
12-10-2018
10:20 AM ET (US)
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/m12782 Again Respectfully....I AM talking about the initial phase? Attorneys (REAL ONES) charges fees upfront. Some of us KNOW NUTHIN about retaining an attorney for a case of this magnitude. Speaking for myself, I did not even know about the case until I was informed by T&S. Were you given a list of people to represent? I am sure that most of us did not find out about the case (being won) until we were contacted. I may have contacted you myself had I known how "reasonably priced" you were. I did google T&S and look at their organization. Where can I google you? I think I saw a few cases you represented but I am not sure. P.S. I have other cases that are at the FORMAL stage and would like some advice! Edited 12-10-2018 10:24 AM
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Postal Employee Advocate 12-10-2018
06:53 AM ET (US)
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Nosyrosy /m12781
Who said anything about paying someone thousands of dollars upfront? Once an attorney learns that the class-action/litigation had been won, and all that was left to resolve was the damages award, it’s not likely you would have been charged a retainer fee. All an attorney (or representative) has to do is follow protocol and file the correct paperwork. I don’t believe that anyone would have had any difficulty locating an attorney under those circumstances. Your concern about paying a retainer fee may apply when you are looking for an attorney to represent you through the litigation phase, but not in the claim for relief phase. It’s more likely than not, that once T&S shoved their contract under everyone’s nose via e-mail, very few bothered to look for alternative representation. It was too easy to just sign it and return it without doing any research or legwork. And of course, T&S was counting on that.
I did not require a retainer for any of my NRP clients. I charged a flat rate of $ 100 to prepare, complete and mail their claim forms. I charged $ 100 per hour to complete their responses to the Final Agency Decision. On average, my NRP clients paid $ 496.86 per person (which includes the $ 100 to complete the claim form), and not all of them have paid me. On top of that, I get 33% of their emotional damages only. I don’t touch their back pay or benefits. That’s theirs. They earned it.
Do you still think paying T&S 33% of your back pay is worth it?
Why didn’t I announce my terms to the NRP claimants on all Postal-related web sites? I tried to, however because T&S paid PEN to advertise, and I was accused of advertising simply by using my title, Postal Employee Advocate. Once T&S paid PEN, I was banned and blocked from posting. NRP class members were herded to T&S simply by allowing posters to constantly mention T&S, but had their post deleted if they even mentioned the word ‘advocate’.
I have to shake my head in total disgust when I see how many class members are being scammed and taken advantage of, and that PEN is a party to it. When you finally get your award check and realize that 33% of your labor and sweat was too great a cost simply to file paperwork on your behalf, remember who was responsible for limiting your options.
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nosyrosy
12-09-2018
09:04 PM ET (US)
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/m12780 Huh? I know that NO ONE is getting anything free these days. If you can get someone well versed in employment law to take this case, with NO UPFRONT cost, then that is a MARVELOUS thing! I wasn't trying to be trivial. Sorry! All I was saying is that 30% may not be as bad as paying someone thousands of dollars UPFRONT and not knowing how much money you will end up with. Again Sorry! Edited 12-09-2018 09:10 PM
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Jar22 12-09-2018
08:57 PM ET (US)
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/m12775 nosyrosy How do you know those who did not retain T&S are getting free services? Maybe they will pay their respective representatives. What’s wrong with choosing a representative you feel comfortable with? Perhaps, they chose a family attorney, a family member, a friend, a neighbor…etc. I wouldn’t be concerned with something so trivial, and that doesn’t affect me personally.
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Former USPS Inspector 12-09-2018
07:14 PM ET (US)
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After researching the net I found a few Federal District court cases in which the Federal Judge dismissed a EEOC case and directed the case be adjudicated as part of the NRP. Had it not been for the NRP class action with the EEOC their case(s) in Federal District court would have likely been settled or litigated years ago. These dismissals/remands to the NRP class action were at the request of the PO and DoJ assigned attorney. The PO has avoided litigating MANY discrimination complaints at the request of the Government. The PO employee(s) are/were represented by attorneys well prior to being notified by T&S of the reconsideration. Those non-T&S/K&P firm attorneys likely also have a 30%+/- along with being able to bill the PO for the time they spent litigating the claim in Federal Court and now in front of the EEOC for damages. Finding a attorney to litigated a Federal Sector EEOC case is difficult since they know the length of time before they get paid often times is longer than having a Federal trial and appeal decision from a Federal Circuit. In Sansone v. Donahoe https://www.gpo.gov/fdsys/granule/USCOURTS...content-detail.html the case was about May 2013 - Oct 2017 after a jury trial resulting in an over $1 million verdict. The NRP was filed in 2006 and now it's knocking on 2019 with the PO still stalling. Less than 5 years for Sansone and going on over 13 years for McConnell.
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nosyrosy
12-09-2018
06:23 PM ET (US)
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/m12777 I understand that 30% of everything that I am entitled to is not "free". I am speaking of the people who DO NOT have T&S as their representative. What will their bills look like when it is time to pay the lawyer/representative. Are you doing this pro bono? There is ALWAYS a price to pay when you are in a legal matter such as this one. I do understand what you said about individual claims and I would rather have REAL ATTORNEYS for that too. Honestly, RETAINERS and GOOD ATTORNEYS are hard to come by as well as expensive. For those of us who are unable to afford upfront costs and fees the appointed attorneys are the best case scenario for us. Respectfully saying! OH...Generic applies to the Postal Service not T&S. Remember the generic FAD's. Edited 12-09-2018 06:33 PM
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Postal Employee Advocate 12-09-2018
05:44 PM ET (US)
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Nosyrosy /m12774
T&S represented the Class-Action litigation only. Once that Class-Action had been won, their job as class counsel was over. At that point, each class-member had the right to file an Individual Claim for Relief. T&S was not “assigned” as the representative for each “individual” after the Class-Action was over. The Postal Service was instructed to contact each class-member and advise them of their right to file an Individual Claim for Relief. T&S already had everyone’s name, address, phone and e-mail address (obtained through discovery), so they sent out thousands of e-mails, accompanied by a generic Claim form/affidavit, and a contract where you agree to give them 30% of everything you are awarded, even if you fire them and hire a new representative. The check the Postal Service cuts in your name, goes first to T&S, who will make sure to get their percentage before it’s sent to you.
The reason you are not paying them anything is because once you receive your award, they will file for attorney’s fees (times how may clients they are representing) and make the Postal Service pay them. 30% of everything you are entitled to is not “free”. You’re paying one-third of your back wages and benefits for someone else to submit paperwork that you give to them to submit.
Since the damages inflicted on employees who were NRP’d vary so vastly, each individual has been given their own opportunity to present their evidence of their personal losses and what would make them whole, rather than lump everyone into a pre-determined damage award/amount.
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nosyrosy
12-09-2018
04:35 PM ET (US)
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/m12775 Those who DID NOT retain T&S are getting FREE SERVICES? This case is requiring a lot of LEGAL TIME and TALENT. I retained them and I have not paid anything yet. I am thinking that 30% is not that bad. IS IT???
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Jar22 12-09-2018
02:25 PM ET (US)
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/m12773 nosyrosy T&S being appointed class counsel is irrelevant because in the end, when it’s all said and done, those who retained T&S will pay them 30%, but those who didn’t retain them won’t. Your question is suggestive…Curiosity killed the cat. Edited 12-09-2018 07:51 PM
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nosyrosy
12-09-2018
12:51 PM ET (US)
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/m12773 Are you considering the fact that T&S were APPOINTED class counsel? Meaning they represent ALL class members. OR NOT? Just curious on your thoughts...
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Jar22 12-09-2018
11:51 AM ET (US)
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@ PEA EXACTLY! T&S has definitely delayed litigation. Because this is not a settlement, they can’t earn millions off the top and send the class members a $2,000 check. Ha! With their delay tactic T&S is raking in the dough.
There are close to 500 EEOC OFO appeals submitted by class member’s representatives that have not been docketed. Usually, shortly after submitting an appeal, you get a written acknowledgment letter with docketing information. The appeal T&S submitted has been docketed (0120182505), but the individual appeals only have a tracking number.
Also, the T&S brief had conspicuous wording, with regards to the class members they actually represent. I’m curious to see how the Commission will rule on the individual appeals.
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Linda
12-08-2018
09:47 AM ET (US)
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Pea, thank you for sharing!
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Postal Employee Advocate 12-08-2018
07:49 AM ET (US)
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Over on the other NRP discussion forum (where I was told not to read and comment on this site), they’re all abuzz about T&S sending out surveys or questionnaires. My question is – why wasn’t this done before, or in anticipation of the agency’s final decision? The information that is/was solicited is relevant to each class member’s claim for individual relief.
I’ve mentioned before that, in my view, the class litigation should not have taken ten years. It’s obvious to a twelve-year-old that the Postal Service took action that discriminated and injured employees with impairments or disabilities. Any law firm worth its salt could have easily won this case, and in a much shorter period of time. It’s undisputed that the more time the litigation takes, the more fees T&S rakes in.
I’m just a lowly advocate without a J.D. behind my name, and I knew to anticipate each individual’s claim by sending each client (not random) a questionnaire to define the parameters of their claim back in August, before the responses to the FAD’s were due. My goal has been to file actions/responses that will expedite the process, not delay it. From my perspective, the request by T&S to remand the claims to the AJ to permit discovery is an unnecessary delaying tactic. Most class members have already consolidated their documents related to damages. So, they’re ready to go. Others, who may have misplaced or lost relevant documents, should go ahead and ask for additional discovery related to their damage claim. There’s nothing wrong with that. However, there is no need for everyone to engage in discovery. It will delay the individual claim process (which normally is 90 days), and could be delayed significantly longer if/when the Postal Service fails to cooperate in discovery requests, prompting the class member to file a Motion to Compel, and then waiting for an indeterminant amount of time for the AJ to make a ruling – times at least 20 thousand class members.
Through the School-of-Hard-Knocks (of which there are many alumni), I’ve learned legal tactics, strategies and theories. If one of the chief strategies is to delay litigation as long as possible (something that the Postal Service often does), then the method or process proposed by T&S to litigate thousands of individual claims of relief, helps to achieve that goal.
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N.Y City Wiseguy
12-08-2018
12:49 AM ET (US)
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All I believe you must do is hold management's feet to the fire, deadlines are deadlines and serve a purpose. Justice delayed is Justice denied. There is a reason deadlines are placed into law...to prevent what the USPS is doing, taking their time and hope you throw in the towel.
When the deadline passes move the complaint to the next step. When questioned why explain to them if a deadline is missed the case must proceed to the next step. Once again, no answer move the complaint up the line until some high court somewhere grants summary judgement based on numerous missed deadlines. MSPB has a 120 limit and they HOLD you to the limit. One time in a case I was handling the Service wanted a 30 day extensions claiming they were buried in complaints. I filed a cross motion with the act the Postal Service employs hundreds of attorneys to meet their deadlines. Place all the Federal Agencies together they will not reach the USPS percentage of complaints currently at 46%. And no one sees a red flag. The deadline times are carved in stone, meet them or summary judgement shall be entered.
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Deloris
12-06-2018
12:39 PM ET (US)
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Thank you everyone! My case is a case from 2012. It took the Agency over 500 days to do the investigation.There were no admendments, extensions or ADR. In fact I was told that they do not have to provide me EEO counseling. I have direct evidence given to me by the agency attorney. She had no idea what she was doing. I sat waiting for a hearing date. But, keep reading and researching my case. Around 5/18, I asked the Judge to remand it back to the Agency and she did. The FAD was due 7/23 and 3 days later the Agency decided they needed to do a Supplimental Investigation which should have been finished 9/12/18. I have heard nothing. At this point,the FAD is processing is on about day 195! I file with OFO for Default Summary Judgement. I have also filed a Motion for Adverse Inference. I am work on my appeal to the FAD for when I get it. I am on page 52! I will advise when I get the FAD. On a side note, I was helping a freind, He didn't get his ROI until day 1405! Agency says the sent it but can provide no sugnature. He was waiting on his FAD and again just as it was due, another INV was needed, this was the 3rd in his case. Well around day 170 he gets the FAD. I had written the response (32 pages + exhibits). The Agency's attorney was so PO she had to mention it in her response. She is hanging her hat on we sent the file even though I has case precedence from the EEOC stating that the agency has to prove the complaint actually got it and it was just thrown at the door. Got her response yesterday and I have already written his response, again putting the EEOC case in ther just in case she misses it the first time. BTW MD-110 states that the investigation is not deemed finish until the complaint receives the case file...1405 days!😊 Edited 12-06-2018 12:43 PM
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