EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Warning Letters, Reprimands, Evaluations

Single Topic for Decision 2381E

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An employer giving an employee notice of the intent to terminate or discipline (viz., a threat of termination or discipline) for an unlawful reason would also violate employees’ statutory protections and thus by itself constitute an unfair practice. Where a charging party challenges as unlawful under our statutes an employer’s notice of intent to terminate or discipline, and thereafter, upon completion of the dismissal proceedings terminates or disciplines the employee, a timely filed charge, alleging that the notice of termination or discipline either was unlawfully motivated or interfered with the exercise of employee rights, will be deemed sufficient notice to the employer that the notice of termination or discipline, and any action taken thereafter by the employer based on that notice, are subject to review by this Board. A responding party is not prejudiced by having to defend against the allegation that a notice of dismissal or discipline (viz., the threat to dismiss or discipline) and an actual imposition of dismissal or discipline are related violations. The second action, imposition, is but the implementation of the first.