Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
I filed a case with Merit Systems Protection Board (MSPB), but I believe it will be dismissed for lack of jurisdiction. If the MSPB dismisses my case, can I appeal the discrimination claims to the Equal Employment Opportunity Commission (EEOC)?
You have described a mixed case. So long as you raised your discrimination claim as a part of your MSPB appeal, you may continue with EEO processing if the MSPB appeal is dismissed for lack of jurisdiction. Mixed cases are complicated, so make sure you coordinate with your agency’s EEO office.
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