Employment Law Firm (704) 706-9292

Federal employee’s EEO claim dismissed because of missed deadline. Complainant was employed by the postal service (USPS).

Complainant filed a formal complaint alleging that the Agency subjected her to retaliation for prior protected EEO activity. The Agency dismissed Complainant’s formal complaint on the grounds it was untimely filed. The Agency reasoned that since the Complainant received the Notice of Right to File a Formal Complaint (Notice) on March 6, 2018, but Complainant then sent the complaint to the Commission’s Office of Federal Operations rather than to the Agency (U.S. Postal Service). The Agency did not receive the complaint until on or about October 2018. This was well beyond the applicable time period which required the filing of a formal complaint within fifteen (15) days of receiving notice of the right to do so by a Complainant. Therefore, the Agency properly dismissed Complainant’s formal complaint on the grounds it was untimely filed.  The EEOC’s Office of Federal Operations affirmed the dismissal.

Keri C. v. United States Postal Service, https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf

Although he did not represent Keri C in her claim against the USPS, Federal employee attorney Kirk J. Angel recommends federal employee retain an attorney who has substantial experience handling federal EEO matters. An experienced attorney can help federal employees avoid the many pitfalls of pursuing an EEO claims such as very short filing deadline such as the 15 day deadline mentioned in this case.