EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Departure from Past Practices or Procedures

Single Topic for Decision 2452E

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Charging party did not allege sufficient facts to demonstrate that he was entitled to probationary status, and corresponding pre-termination procedural rights, under the Education Code, or that employer departed from established procedure, where charging party alleged only that he was “offered” additional work, but did not specify the relevant time period of this offer, how much additional work was offered, or whether he accepted the offer, so that it was unclear whether he had worked sufficient time in consecutive semesters to qualify for due process protections under Education Code at the time of his termination.