EMPLOYER DISCRIMINATION; DEFENSES – Misconduct
Single Topic for Decision 2420E
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505.03000 – Misconduct
Any slight irregularities in the investigation process or hints of bias are overshadowed by charging party’s admissions of several allegations of misconduct against him, many of which occurred prior to his protected conduct. Even where there is some evidence of nexus, an employee’s dismissal may be justified where the charges against an employee are mostly true. Where an employer has legitimate concerns over how a teacher’s conduct may affect the integrity of its education program, PERB has refused to disturb the employer’s decision to terminate employment. The fact that students repeatedly raised concerns about charging party to administrators, especially across multiple years and at different school sites, suggests that the District’s concerns about his effect on the integrity of the educational program were legitimate.