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Additional delays for DoD MSPB furlough appeals

The unprecedented number of appeals by federal employees involving the furloughs resulting from the sequester has forced the MSPB to delay processing of those appeals. The Merit Systems Protection Board (MSPB), which had already received more furlough related appeals by the end of July than they typically receive in a year, issued a statement on their website that they would be delaying processing of Department of Defense (DoD), "until we have a better understanding of the claims being raised."

They also note that they will be sending out an additional Acknowledgment Notice once they have a better grasp of the cases. Apparently, because of the volume of appeals, the MSPB asks that federal employees who have filed an appeal with the agency should check the website regularly for updates.

While this delay is unusual, due to the massive number of furlough appeals from the DoD, and is being done by the agency, we thought it would be useful to remind everyone who has some issue involving adverse job actions not to delay their action. Virtually every legal claim has what is known as limitation period, or statute of limitation, that governs how long a person has to make a claim.

Limitation periods function to prevent stale claims, where details have been forgotten, evidence lost and witnesses have moved or died. However, these limitations can vary and may require that you make your claim within a relatively short period. If you fail to file within that time, your claim is forever barred.

This is why it important to speak with an attorney as soon as possible regarding any adverse employment action. They can review your facts and determine how long you have to file your claim and ensure you meet any filing deadline.

Source: FedSmith.com, "MSPB Delaying Processing of DoD Furlough Appeals," Ian Smith, August 11, 2013

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