Federal Employees Gain Right to Sue if MSPB Appeals Stall for Over 120 Days

The aptly named Fair Access to Swift and Timely Justice Act—or FAST Justice Act—is tackling a notorious problem for federal employees: the endless wait when appealing job actions like firings or demotions. If you’re a federal worker or applicant challenging a personnel decision, you typically go through the Merit Systems Protection Board (MSPB). But when the MSPB drags its feet, this bill provides a major escape route.

The 120-Day Clock and the Litigation Lifeline

Here’s the core of the change: If the MSPB hasn’t issued a decision that can be reviewed by a court within 120 days of receiving your appeal, the FAST Justice Act grants you the immediate right to bypass the Board and file a civil lawsuit against the government in a U.S. District Court. Think of it as a hard deadline for the administrative process. If the government can’t move your case forward in four months, you get to take it to the big leagues. This is huge because for years, employees caught in MSPB backlogs have faced financial and career limbo with no recourse to speed things up.

Where You Sue and How the Judge Decides

If you decide to sue due to the delay, the bill lays out clear rules for the judicial process. You can generally file the lawsuit where the disputed action took place, where you would have worked, or where the respondent agency has its main office. This clarity helps prevent procedural headaches right out of the gate.

Crucially, the bill mandates that the District Court must use two different standards of review. For any part of the case that involves reviewing an actual MSPB order, the court uses the existing standard of review (Section 7703(c)). But for the rest of the case—the actual substance of why you were fired or demoted—the judge must use whatever standard the MSPB would have used if they had heard the case. This is a bit of a legal tightrope walk, ensuring the court acts as a replacement administrative body rather than a completely fresh start, which could lead to some procedural arguments down the line about which standard applies to which piece of evidence.

The Board Takes a Timeout

Once you file that civil lawsuit because the MSPB missed the 120-day deadline, the MSPB must immediately stay (pause) its work on your appeal. This is a smart safeguard that prevents two government bodies from simultaneously spending resources on the same case. However, if your lawsuit gets tossed out by the District Court for a technical reason—say, the court didn't have jurisdiction—the MSPB has to immediately restart your original appeal. The bill also makes sure that using this 120-day loophole doesn't erase your existing right to appeal a final MSPB decision through the normal route if the Board eventually gets around to issuing one.

The Real-World Impact on Agencies and Employees

For the federal employee—the person waiting for a resolution so they can pay bills and move on with their career—this bill is a massive win for accountability. It injects urgency into a system often criticized for moving at a glacial pace. If you're a federal agency, this means you now face the very real possibility of immediate, full-blown civil litigation if your administrative appeal process stalls. This could significantly increase the workload for agency legal teams, who might prefer to handle these issues in the less formal, administrative setting of the MSPB. The intent is clear: reduce the backlog and force faster decisions, even if it means moving cases into the federal court system to achieve that speed.