EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action
Single Topic for Decision 1851H
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504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action
504.04000 – Timing of Action
Argument could be made that counseling memos are not an adverse action where counseling memos are not considered discipline under the parties collective bargaining agreement. Even assuming the counseling memo was an adverse action, the charge failed to demonstrate nexus.