EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards
Single Topic for Decision 0089E
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400.01000 – In General; Standards
Proof of unlawful intent is not required in all cases arising under sec. 3543.5(a) and to the extent that San Dieguito No. 22 held otherwise, it is overruled; "because of" language in sec. 3543.5(a) means only that some nexus must exist between the exercise of employee rights and the actions of the employer; pp. 5-9. Unlawful intent remains significant where it is affirmatively proven or where the employer claims justification for its conduct; pp. 9-10. Single test appropriate for evaluating all claims under 3543.5(a) (test set out on pp. 10-11) (but see Novato No. 210)).