EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Cursory Investigation

Single Topic for Decision 2267M

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* * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2016) PERB Decision No. 2479. * * *

Evidence failed to establish cursory investigation to support termination based on failure to report for work as directed absent a qualifying medical excuse, where there was little in dispute that would have required investigation. Employee was a victim of his own misunderstanding about his right to be on leave without a medical release. Even this highly charitable view does not reflect animus toward employee’s protected activity.