Final Agency Decision Overview

Melville Johnson
April 7, 2020

If you are unsatisfied with the results of the Final Agency Decision, you will have appeal options should you decide to pursue that route. However, your appeal options will vary depending upon your case type, whether it is a MSPB case, an EEO case, or a mixed case. For example, an MSPB case appeal must be filed within thirty (30) days.

On the other hand, for EEO cases, you will have the right to appeal the Agency’s decision to the Commission. You must file the appeal within thirty (30) days of receipt of the decision. Alternatively, you also have the right to file a civil action in the appropriate United States District Court for your case instead. It is important to note that filing a civil action terminates the processing of your case with he EEOC. If you decide to pursue civil action, you must file:

  • Within ninety (90) days of receiving the FAD, if no appeal has been filed yet; or
  • Within ninety (90) days of receiving the EEOC’s final decision on an appeal; or
  • After 180 calendar days from the date of filing an appeal to the EEOC, if there has been no final decision by the EEOC.

Obtaining a Final Agency Decision can be a hard and complicated process. Only a legal representative will be able to fully inform you of the nuances and consequences of your case.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in EEO matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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