What is the test to determine if an employer can force an employee to sue for wrongful dismissal?

Courts apply a two-part test to determine whether the exception applies. First, a court examines whether the challenged conduct is discretionarythat is, whether it involved "an element of judgment or choice." Berkovitz v. United States, 486 U.S. 531, 536 (1988). Judgment or choice is absent "when a federal statute, regulation, or policy specifically prescribes a course of action for an employee to follow." Id. Second, if the conduct involves judgment or choice, the court must "determine whether that judgment is

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