REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest

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When calculating damages over multiple years, if an employee’s potential loss was more than offset in one of the two years (i.e., the formula for that year yields a negative number), that amount does not offset losses (if any) in the other year. (Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 33.) Moreover, the employer cannot seek to offset the harm certain employees have incurred by pointing to other employees who benefited from the employer’s unlawful conduct. Rather, PERB orders a wrongdoer to make whole impacted employees while holding harmless innocent actors who benefited. (State of California (Correctional Health Care Services) (2021) PERB Decision No. 2760-S, p. 42; County of Kern (2018) PERB Decision No. 2615-M, pp. 11-12.) (pp. 18-19, fns. 10 & 11.)