Federal Employees’ Most Critical Defense—Due Process & Deadlines

You are entitled to due process—but many federal employees don’t realize how quickly rights can be waived or lost.

Whether you’re facing a proposed removal, discrimination, reassignment, or retaliation, understanding timelines and the appeals process is your first line of defense.

We explain procedural traps, the rights you do have, and how to assert them—before they slip away.

What is Due Process in Federal Employment?

Due process is your constitutional and statutory right to:

• Be notified of charges or proposed actions
• Respond before action is taken
• Have a fair hearing, usually before a neutral third party (like an Administrative Judge)

📌 Tip: Your rights can be waived or missed if you don’t act in time.

Critical Deadlines You Can’t Afford to Miss

• EEOC Complaint: 45 calendar days from when you knew (or should have known) of the discriminatory action to contact an EEO counselor
• MSPB Appeal: 30 calendar days from the effective date of an adverse action (e.g., removal, long suspension)
• OSC Complaint: No fixed deadline—but waiting too long may reduce credibility and impact
• Litigation (Federal Court): Strict deadlines apply after administrative remedies are exhausted, often 90 days to file suit

📌 Tip: Filing late—even by one day—can get your case dismissed, regardless of its merits.

Exhaustion of Remedies—What Does That Really Mean?

Before you can go to Federal District Court, you must “exhaust” administrative remedies:

• EEOC Process: Informal counseling → formal complaint → hearing or final agency decision, or 180 days has elapsed since you filed your formal complaint
• MSPB Process: Direct appeal to an Administrative Judge → petition for review → final decision
• OSC: Filing → investigation → referral to MSPB or closure

📌 Tip: Skipping steps or giving up early can limit your right to sue.

What Happens if You Miss a Step?

• Your case may be dismissed
• You may lose the right to pursue the issue in any forum
• You may appear unprepared or unserious to an administrative judge

📌 Tip: Even a strong claim can collapse under weak process management.

Want to Stay on Track?

Join our Career Transition Bootcamp. We’ve walked this path, and we can help you act fast to protect your employment rights.

Don’t wait. Deadlines won’t.