EMPLOYER DISCRIMINATION; DEFENSES – Misconduct
Single Topic for Decision 0885E
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505.03000 – Misconduct
The record clearly demonstrates that the charging party would have been dismissed regardless of whether she had engaged in protected activities because the employee had engaged nine categories of specified acts of misconduct, rudeness, and insubordination. Thus, the record solidly established that the charging party would not have been retained, regardless of her protected activity.