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Firing at Will: A Manager's Guide by Jay Shepherd

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Discrimination Cases Part 2Court Cases

An employee does not have the right to go directly to court without first stopping off at the appropriate state or federal agency. So on either track, agency or court, the employee must first file an administrative charge. After that, the employee has a choice. The first option is to follow the agency track that I laid out in Chapter 11. The second is to withdraw the case from the agency (we call it “pulling” the case), and then file a lawsuit in court.

Pulling the Case

Different agencies have different rules for when and how this happens, and these rules are set out by the applicable statutes. At some agencies, ...

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