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Case Repost for January 6, 2017
Docket Number: DC-0752-15-0108-I-1
Decision Number: 2017 MSPB 5

The Appellant filled an Equal Employment Opportunity (EEO) complaint alleging discrimination based on race, age, and disability. In August 2013 the complaint was amended by the Agency to include his receipt of a notice of proposed placement on enforced leave, which was sustained by the Agency in October 2013. On January 13, 2016 the Final Agency Decision (FAD) was delivered to his post office box on January 13, 2016. In the FAD, the Agency found no merit to his discrimination claims. He filed a Board appeal on February 13, 2016, one day late from his given 30-day appeal period. The Administrative Judge (AJ) originally argued that the Complaint was untimely. However, the AJ ultimately dismissed the Appellant’s appeal because his EEO complaint only encompassed the proposed enforced leave action, not the enforced leave action made in October 2013. In the AJ’s dismissal, he did not address the untimeliness. Upon review, the Board vacated (meaning removed) the initial decision and then dismissed the final appeal made concerning the issue of timeliness because there was no good cause shown as to why his appeal was a day late.

Attorney Angel did not represent the above Appellant. In order to help ensure your appeal is made in a timely manner, it would be best to hire an attorney. The Angel Law Firm represents employees of the United States Postal Services in cases heard by MSPB.