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On the other hand, if you request a hearing, an EEOC Administrative Judge will conduct the hearing, make a decision, and order relief if discrimination is found. You'll have the opportunity to present matters in your own light and more complete than your investigation file. Once the agency receives the Administrative Judges decision, the agency will issue what is called a final order which will tell you whether the agency agrees with the Administrative Judge and if it will grant any relief the judge ordered. The agency will have 40 days to issue the final order. It will also contain information about your right to appeal to EEOC, your right to file a civil action in federal district court, and the deadline for filing both an appeal and a civil action.
Also, it is important to note that any appeal of the EEOC finding will include only the record created. So if you do not have a hearing, anything that is not included in the file is not reviewed. Thus, in my view it is almost always better to have a hearing…even if you do not have an attorney.
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Just to be sure, My requesting the hearing, I can add more to the case that will be reviewed at the end. But I am concerned about the Mixed case. After reading the ROI, there is grounds on discrimination, but allot of issues were brought up that fall in the MSBP area. Based on what I've read, even though I got EEO side, I still have an opportunity, if the EEO case fails to request MSPB within a certain amount of time after the agency final decision, right? I'm at a loss with this as I have lost so much because of this. I was removed from the Agency in January. I'm trying my best to make ends meet working 6 days a week 12+ hours a day.
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