This letter states in part:
"During the course of this case, it came to light that certain individuals were never assessed under the National Reassessment Process. In AJ Stilp's Order, she held that individuals who were not subject to the National Reassessment Process do not fall within the class definition in the above-referenced case and are not class members. If you are receiving this Notice, you are one of the individuals who has be found to not meet the definition of class membership in the above-referenced case.
YOU ARE HEREBY NOTIFIED that you are not a member of the class in the above-referenced case."
The problem is, my client was assessed under NRP.
My client received this letter and believed it. She believed she was being notified she was not a member of the class because the USPS had determined she wasn't assessed under NRP.
Luckily, my client contacted the law firm handling the case and told them about this letter and she was told that her name WAS on the list of individuals who are part of the class and she needed to file her claim paperwork.
Had she not followed up, she might have continued to believe she was not part of the Class Action and could have missed the April 12, 2018 deadline for filing her paperwork.
If you've received this letter, make sure it's accurate and not the USPS' way of lower the number of members of the class by sending bogus letters to employees telling them they aren't part of the Class Action.
Here's a copy of the letter:
Hi Jesse. I received that also. I was out on OWCP for 6 months in 2009. Then out till now from Jul 3rd 2010. Am I in this lawsuit?
ReplyDeleteI have no way of knowing. All the information was contained in the previous article, use those links and contact information to find out:
ReplyDeletehttp://theowcpclassroom.blogspot.com/2018/03/nrp-class-action-settled.html
Jesse,
ReplyDeleteDoes this waive any rights to formal eeoc complaint I have for harassment & discrimination. I received this letter also.
The EEOC is not my area of expertise. I'm just passing on the information to keep everyone informed.
ReplyDeleteI don't believe this waives your rights, but if I were you, I'd contact the attorneys involved in the case and talk to them.
Hi... are you aware if owcp recipient can request backpay if one never looked for work after being nrpd?
ReplyDeleteMy area of expertise is not with the EEOC, but depending on how the class action is settled, back pay may be part of the settlement.
ReplyDeleteHowever, if you did receive back pay and were receiving OWCP compensation during the same period of time, the OWCP compensation would need to be paid back for that same period.
Ok... thanks for your help. Great site!
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