Decision 1904M – State Bar of California
SF-CE-389-M`
Decision Date: May 8, 2007
Decision Type: PERB Decision
Description: The charge alleged that the State Bar of California violated the MMBA by delaying the grievance process and terminating her employment.
Disposition: The Board upheld the dismissal of the charge based upon the six-month statute of limitations. The Board held that for an unfair practice charge based upon termination of employment, the statute of limitations begins to run on the date of actual termination. The Board held that the filing of a federal lawsuit does not toll the statute of limitations.
Perc Vol: 31
Perc Index: 96
Decision Headnotes
1101.03000 – Computation of Six-Month Period
The statute of limitations for an unfair practice charge based upon termination of employment begins to run on the date of actual termination.
1101.06000 – Statutory and Equitable Tolling
The filing of a federal lawsuit does not toll the statute of limitations under section 3514.5(a)(2) of the Dills Act.