Washington, D.C. - October 2, 2025 - As the Merit Systems Protection Board (MSPB) goes dark during the federal government shutdown, thousands of federal employees facing termination or discipline confront a confusing and potentially rights-threatening situation: which deadlines are paused, and which are still running?
Federal employment attorney Justin Schnitzer is warning employees that other employment-law clocks keep ticking regardless of whether the MSPB is open.
While the MSPB has suspended operations and extended its filing deadlines, critical timelines in other venues such as the Equal Employment Opportunity Commission (EEOC) remain in effect. Federal employees have a 45-day deadline to contact an EEO counselor for discrimination claims and a two-year statute of limitation under the Back Pay Act and Federal Tort Claims Act.
A Perfect Storm for Federal Employees
The timing of this shutdown compounds the risk. The MSPB has already received nearly 12,000 appeals in fiscal year 2025—a dramatic surge driven by proposed reductions in force (RIFs) across multiple agencies. When the Board reopens, even a brief shutdown will create a fresh backlog on top of an already strained system.
"Employees who wait until the MSPB reopens will face months-long delays in getting their cases heard," Schnitzer warned. "And if you're one day late on an EEO or OSC deadline while you were waiting for the MSPB to reopen, you may find yourself with no forum at all."
Why Attorneys Say "The Clock Keeps Ticking"
Despite the MSPB's deadline-pause language, experienced federal employment attorneys routinely advise clients to "act as if the clock never stopped." Schnitzer explains why:
"First, professional responsibility demands we take the most protective approach. Second, the current administration is allowing RIF implementation work to continue during the shutdown. Third, the exact calculation of how shutdown days affect deadlines that started before the shutdown is legally unclear, making early filing the safest approach."
What Federal Employees Should Do Now
Schnitzer offers three critical action steps:
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Don't wait. If you've received a termination or adverse action notice, consult with a federal employment attorney immediately to identify ALL applicable deadlines—not just the MSPB appeal window.
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Consider filing now if possible. Certified mail and overnight delivery to the MSPB's physical address may still be timestamped, eliminating any future dispute about timeliness.
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Protect parallel rights. Even if you plan to file an MSPB appeal later, ensure you preserve your EEO, OSC, and other claims by meeting their separate deadlines.
"This shutdown creates complexity precisely when federal employees are most vulnerable," Schnitzer said. "The worst strategy is to assume everything is on hold. The safest strategy is to treat every deadline as if it's still active—and get experienced counsel to help you navigate all of them."
Attorney Justin Schnitzer represents federal employees in cases of employment violations just as he would want to be represented, all with the aim of achieving decisive victories. His passion for employment law and the fight for fundamental fairness began when he served as a judicial intern for the Equal Employment Opportunity Commission. He is admitted to the State Bar of Maryland.
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