CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General

Single Topic for Decision 2281M

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In cases involving allegations that an employee was terminated from employment for having engaged in protected activities, the statute of limitations begins to run on the date of actual termination, rather than the date of notification of the intent to terminate Retaliation charge filed more than six months after date of termination is untimely. Because charging party failed to provide PERB with copy of grievance procedure or grievances, nor to allege in what manner allegations of retaliation for having engaged in protected activity involve the “same dispute” as issue before arbitrator, i.e., whether City was entitled to terminate her employment upon failure to return from approved leave of absence, six-month limitations period was not subject to equitable tolling.