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S6 Ep137: What Does the Government Shutdown Mean for Your Employment Case?

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Manage episode 514762094 series 2858396
Content provided by Mark Carey. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Mark Carey or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Comment on the Show by Sending Mark a Text Message.

When Washington goes dark, your employment case enters a gray zone where agencies stall, courts keep moving, and legal deadlines rarely pause. We unpack the real-world consequences of a federal shutdown on discrimination claims, EEOC investigations, MSPB filings, and federal court practice—then map out the steps that actually protect your rights when the phones go silent.
We start with what truly closes and what keeps running. The EEOC pares down to a skeleton crew, investigations and hearings halt, and communication becomes sparse. Federal tribunals like the MSPB automatically extend deadlines by the length of the lapse, but those extensions don’t revive expired dates. Federal courts, by contrast, remain open on non-appropriated funds, so filings and schedules usually continue unless a specific judge issues an order. That split reality turns timing into strategy—and makes documentation your lifeline.
Drawing lessons from the 2018–2019 shutdown, we explain how backlogs form fast and linger for months, why long lapses push more workers to file directly in federal court, and how judges view “delay versus forgiveness.” Equitable tolling can save a claim when agency doors are locked, but only if you can prove diligent attempts to comply and a genuine barrier to filing. We outline what to save—portal screenshots, certified mail receipts, emails, and submission logs—and when to act. Private-sector workers should assume the 300-day charge deadline and 90-day right-to-sue clock keep running. Federal employees must still contact an EEO counselor within 45 days, even if offices are quiet.
Finally, we share the practical playbook we use in our own cases: file through every available channel, verify each attempt, monitor dockets daily, proceed on schedule in PACER unless a judge says otherwise, and build a contemporaneous record of obstacles and efforts. Shutdowns create uncertainty, not immunity. Subscribe, share this episode with someone facing a deadline, and leave a review to help more listeners protect their claims when the government hits pause.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.

  continue reading

Chapters

1. Recording Started (00:00:00)

139 episodes

Artwork
iconShare
 
Manage episode 514762094 series 2858396
Content provided by Mark Carey. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Mark Carey or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Comment on the Show by Sending Mark a Text Message.

When Washington goes dark, your employment case enters a gray zone where agencies stall, courts keep moving, and legal deadlines rarely pause. We unpack the real-world consequences of a federal shutdown on discrimination claims, EEOC investigations, MSPB filings, and federal court practice—then map out the steps that actually protect your rights when the phones go silent.
We start with what truly closes and what keeps running. The EEOC pares down to a skeleton crew, investigations and hearings halt, and communication becomes sparse. Federal tribunals like the MSPB automatically extend deadlines by the length of the lapse, but those extensions don’t revive expired dates. Federal courts, by contrast, remain open on non-appropriated funds, so filings and schedules usually continue unless a specific judge issues an order. That split reality turns timing into strategy—and makes documentation your lifeline.
Drawing lessons from the 2018–2019 shutdown, we explain how backlogs form fast and linger for months, why long lapses push more workers to file directly in federal court, and how judges view “delay versus forgiveness.” Equitable tolling can save a claim when agency doors are locked, but only if you can prove diligent attempts to comply and a genuine barrier to filing. We outline what to save—portal screenshots, certified mail receipts, emails, and submission logs—and when to act. Private-sector workers should assume the 300-day charge deadline and 90-day right-to-sue clock keep running. Federal employees must still contact an EEO counselor within 45 days, even if offices are quiet.
Finally, we share the practical playbook we use in our own cases: file through every available channel, verify each attempt, monitor dockets daily, proceed on schedule in PACER unless a judge says otherwise, and build a contemporaneous record of obstacles and efforts. Shutdowns create uncertainty, not immunity. Subscribe, share this episode with someone facing a deadline, and leave a review to help more listeners protect their claims when the government hits pause.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.

  continue reading

Chapters

1. Recording Started (00:00:00)

139 episodes

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