How Can You Help, and Help Yourself in the Process?

Although the Cyncar v. Potter class action was initially limited to the Colorado Springs Geographical area and the Denver District, the EEOC Administrative Judge has given reference to the Western Area, as well as potentially encompassing the nation. The OFO decision to approve the class reiterates the AJ's reference and specifically points out that it is within the AJ's discretion to expand, limit, or decertify the class.  In that respect, it would behoove Locals of all Postal Unions to provide information to their members indicating that they can become class participants if they were affected in the manner presented in this class complaint.

There are a number of ways that local Union Offices can help, as well as individual members of the various unions. The Local Unions can:

• Run this article in their local newsletter advising individual members that this particular class action has been certified, and approved, and if there are individuals who are interested in participating in this class action, they can be pointed to this website, http://www.postalflame.org/.  A Q&A (Question and Answer) page has been  presented on this website on August 3, 2007 to assist known and potential class members should they have questions, and it will contain updated contact information with class counsel.

• Donate to the trust fund established to help litigate this class action EEO; "The Elwyn F. Schaefer P.C. Trust Fund". The funds would be utilized to pay for incidental expenses associated with processing this class action. These funds will not be utilized to pay for representation as the class attorneys have been retained on a contingency basis.

Individuals who are eligible to participate in this class-action, e.g., individuals who were employed in the Western Area from 1998-2002, and who have received the class notice from the USPS dated August 1, 2007, with a serious, or chronic serious, health condition that can meet the statutory definition of having a "disability", and who have had their FMLA rights violated in conjunction with leave taken because of their "disability". These individuals can assist by:

• Provide the class attorneys with your name, physical address, e-mail address and other required data to be included in this class action. Note that even though the class is not "National" in scope at the present time, that can change if we can provide the EEOC with corroborating data, or once the "discovery" process is initiated, and/or completed.
  The process of discovery itself may show enough evidence to expand the class to the National level.
• Complete the "Class Health & FMLA Questionnaire" contained at this link and forward it, with supporting documents, as required, to Class Counsel at the address contained in this contact page.

• Assist the attorneys with the funding requirements to litigate this class action EEO complaint.
• Help advertise this class-action to other affected personnel to help them reach some semblance of justice for the violation of their rights under the FMLA.

Note:  Personnel with a serious, or chronic serious, health condition that can meet the statutory definition of having a "disability", and who have had their FMLA rights violated in conjunction with leave taken because of their "disability", and they were employed by the USPS in the Western Area between January 1, 1998 and December 31, 2002, but they have not received a class notice from the USPS, can also participate in this class action.  Contact the class attorneys listed on this contact page, provide them with the same information that is suggested in the bulleted list above, and complete the "Class Health & FMLA Questionnaire" as suggested above.

Even though the class is certified, and approved at this point in time, 07/14/2008, there is a possibility that the class can be "de-certified", or other situations could develop that could either hinder, or help the class-action succeed.

Please note, the class attorneys have affidavits in-hand from numerous individuals around the country. However, the continued support from across the nation is necessary if additional "evidence" is required to substantiate the class position at the National Level..

If you need to review the class action itself, and associated information, please click here.  To review the OFO decision approving the class action, please click here.  If you have received the Class Notice from USPS and have some questions you may want answered, click here.

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