EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence
Single Topic for Decision 1299S
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501.02000 – Burden of Proof; Evidence
Board review of evidence in this case led to the same conclusion as the State Personnel Board (SPB) which had found substantial evidence supporting the probationary rejection and concluded that the employee had been rejected primarily because he had failed to follow the instructions of his supervisor; both SPB and PERB determined that rejection of probaiton was justified; p. 14. Participation in protected activity does not insulate or immunize an employee against decisions made by the employer, including adverse employment actions, city Martori Brothers Distributors v. Agricultural Labor Relations Bd. (1981) 29 Cal.3d 721; pp. 11-12.