Many employees of the United States Postal Service ask us whether or not the McConnell class action is something they need to get involved with. The class action appears to apply to any United States Postal Service employee who believes that he has been victimized by the National Reassessment Process (NRP).
The NRP has been focused on reviewing all work injury rehabilitation assignments, task by task, to ensure all work assignments contain only necessary tasks. If necessary tasks are not identified within the employee’s medical restrictions, the employee is offered to other supervisors within his work district for alternative job offers. When the conclusion is there is no necessary work available after the reassessment, the employee has little choice but to try to get back on federal workers compensation or use his existing leave.
Unfortunately, one major flaw in the NRP system appears to be that if you are already in a modified job due to your work injury, the USPS will not consider continuation of that particular accommodation position.
To know that you belong in the class, a person must be able to argue that any of the following four basic questions apply to them: has/is the NRP affecting you in such a way that:
- You have been denied reasonable accommodation for a workplace injury?
- They have wrongfully disclosed medical information concerning you.
- They have created a hostile work environment and carrying out the NRP.
- The NRP has had an adverse impact on you as a disabled employee.
Unlike some other class action lawsuits, the postal employee is not allowed to “opt out” of the McConnell class action lawsuit. This means he cannot pursue his claim by himself or with his own lawyer: he must join the McConnell class action group.
But the class action lawsuit only addresses the four issues above. Therefore; if you believe that you have an adverse action against you based upon race, age, or sex you should go ahead and pursue your EEO claim. If you believe that you have been wrongfully terminated from your employment in connection with the NRP issue you should still file your wrongful termination case against the USPS. The “parts” of your case which fit into the McConnell action will be subsumed into it.
You can find out more about the class action lawsuit, and how to join in it, by viewing the website www.nrpclassaction.com.
