Jurisdiction is a very big issue. Almost as big an issue as filing on time. If you file in the wrong court, you cannot get your time back.
to not waste any time, we learn from this case to go directly to the eeoc with your complaint, and avoid mspb. while this case seemed to get a response within 3 months from mspb, the complainant had to wait another half year to get a response from eeoc. this example is not common because of the speedy response by the eeoc.
In an initial decision dated August 22, 2006, the MSPB denied the appeal
for lack of jurisdiction. It reasoned that complainant did not show that
as a supervisory or management employee he was entitled to light duty
under agency policy, regulation or contractual provision, and his claim of
disability discrimination could not confer jurisdiction where it did not
otherwise exist. It concluded complainant’s claim of enforced leave was
without merit, and that the MSPB lacked jurisdiction over his claim.
