what is a mixed case complaint?
In my limited knowledge, and readings i would say that filing your discrimination in more than one place can give the opposing party a reason to dismiss your claims. Don’t give them a reason to dismiss your claim for discrimination’s. file on time, and with one place. merit board or eeoc.
The agency issued its final decision on December 16, 2005 providing
complainant with appeal rights with MSPB. However, as previously stated,
complainant appealed the final decision to the Commission. There is no
indication in the record that complainant filed a mixed case complaint
with the MSPB or appealed the agency’s final decision to the MSPB after
she appealed to the Commission.
A mixed case complaint is a complaint of employment discrimination filed
with a federal agency, related to or stemming from an action that can be
appealed to the MSPB. 29 C.F.R. § 1614.302(a)(1). An aggrieved person
may initially file a mixed case complaint with an agency or may file
a mixed case appeal directly with the MSPB, pursuant to 5 C.F.R. §
1201.151, but not both. 29 C.F.R. § 1614.302(b). When the MSPB has
denied jurisdiction in such matters, the Commission has held that there
is little point in continuing to view the matter as a “mixed case” as
defined by 29 C.F.R. § 1614.302(a). Thus, the case will be considered
a “non-mixed” matter and processed accordingly. See generally Schmitt
v. Department of Transportation, EEOC Appeal No. 01902126 (July 9, 1990);
Phillips v. Department of the Army, EEOC Request No. 05900883 (October
12, 1990); 29 C.F.R. § 1614.302(c)(2)(i) and (ii). Accordingly, we find
that the complaint should no longer be considered “mixed.” Therefore,
we vacate the agency’s final decision and remand the issues back to the
agency for further processing.
ref:
Annie M. Smith,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Appeal No. 01200617311
Agency No. 040387SSA
