EMPLOYER DISCRIMINATION; DEFENSES – Dishonesty or Disloyalty to Employer

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505.05000 – Dishonesty or Disloyalty to Employer

The teacher engaged in protected conduct in his role as Association site representative, representing coworkers in meetings with the school principal, challenging the proposed independent study program at staff meetings and by memo, discussions of the program with the Association, and participation in a meeting with management and Association representatives to resolve concerns about the program. Requests for representation in and of themselves are protected conduct. The teacher’s request for representation for a proposed meeting with the principle was therefore protected. An employer acts unlawfully if it retaliates in the mistaken belief that the employee has engaged in protected activity. The principal expressed on several occasions her mistaken belief that the teacher had filed a grievance about the independent study program.