Pittman v. Donahoe
As of August 9, 2016, the status of the case has changed. One class member filed a complaint in federal court. The District Court of Colorado issued an order on April 11, 2016, dismissing the class member’s complaint. The class member filed an appeal to this dismissal. USPS continues to take the position that based on the terms of the settlement agreement this complaint challenges the settlement agreement and the distribution process must be stayed until this dismissal is final. Continue to visit the website for status updates. (www.pittmanclass.com)
Status of case after filing a claim form
The deadline for filing a claim form and release was June 19, 2014. Eligible class members will receive settlement checks in approximately 300 days from April 16, 2014 - the Notice of Final Agency Action.
In addition, a number of potential class members filed by appeals with the EEOC Office of Federal Operations objecting to the Pittman settlement. These appeals will need to be resolved before the process can go forward.
We have received a number of questions regarding what happens after a claim form is filed. Below are the answers to class members’ frequently asked questions. As we receive additional questions we will update our frequently asked questions.
Who determines if my claim form and release was filed timely?
Class Counsel and USPS do not determine who filed a timely claim form and release. The parties selected a neutral third party as the Class Administrator to make this determination. However, claim forms filed after June 19, 2014 are presumed to be untimely. The Class Administrator’s determination of which individuals have submitted timely Claim Form and Releases shall be final and unreviewable.
Why does it take approximately 300 days for the settlement checks to be issued?
The agreement provides that within three hundred (300) days of the date of the Notice of Final Agency Action, or as soon thereafter, as is practicable, the Class Administrator will transmit Settlement Award checks via First Class Mail to each eligible class member. In addition, information provided on the claim form and release will have to be verified by Class Counsel. Class Counsel will verify information on the claim form and release using USPS electronic personnel data (Form 50 data).
What is the difference between a potential class member and an eligible class member?
A potential class member is anyone whose name appears on the class list provided by USPS to Class Counsel on September 26, 2013. Out of an abundance of caution, the USPS placed people on the class list who may not be permanent rehabilitation employees. An eligible class member is any potential class member who submits a timely claim form and release and is determined, in accordance with the terms of the Settlement Agreement, to be a permanent rehabilitation employee during the class period which is March 24, 2000 through December 31, 2012.
Who is a permanent rehabilitation employee?
A permanent rehabilitation employee is any current or former USPS employee whose USPS employment records (Form 50 data) reflect that they have an Office of Workers’ Compensation Programs accepted claim arising from a workplace injury; that they reached maximum medical Improvement; and that they participated in the USPS Injury Compensation Program, including employees whose Postal Service employment records reflect an employee status code of LDC 69 and/or an employee status code of RC and/or RD.
How will settlement shares be calculated for each eligible class member?
For each eligible class member, one point shall be awarded for each full calendar year worked as a Permanent Rehabilitation Employee between March 24, 2000 and December 31, 2012, except .75 point shall be awarded for the period March 24, through December 31, 2000. Partial years of service maybe pro-rated for the number of months worked. Points awarded shall be based on the information provided in the Claim Form and Release. No points shall be awarded for a decrease in duty hours resulting directly from the Agency’s placement of a Potential Class Member into a new assignment/position with fewer hours or a decision to send a Potential Class Member home in whole or in part for no work available, pursuant to Phase 2 of the NRP.
DO NOT CONTACT THE EEOC FOR ADDITIONAL INFORMATION.
Contact Class Counsel via email or facsimile