All notes for Subtopic 502.04000 – Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees

DecisionDescriptionPERC Vol.PERC IndexDate
2612M County of Lassen
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Employer unlawfully decided to terminate probationary employee, rather than temporarily reclassify her until she met established qualifications, after employee’s union intervened on her behalf. An employer need not always continue employing an employee who does not meet established qualifications. However, where there is a means to continue employing the employee, the employer may not refrain from doing so, nor cancel a plan to do so, merely because the employee’s union raises questions or otherwise seeks to represent the employee. Such conduct is quintessential retaliation for protected activity and interference with protected rights. (Regents of the University of California (UC Davis Medical Center) (2013) PERB Decision No. 2314-H, pp. 11, 14 [employer notified employee of his options regarding involuntary schedule change, employee sought union’s assistance, and employer then offered inferior options]; Berkeley Unified School District (2003) PERB Decision No. 1538, pp. 4-5 [even where employer had discretion whether to grant scheduling waivers to employees, it could not discontinue granting waivers in response to protected activity].)(p. 6.) An employer may not take adverse action merely because it is perplexed as to how to respond to a union’s advocacy. (p. 7.) more or view all topics or full text.
4310212/19/18
2479E Los Angeles Unified School District
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Substitute employees are “at-will” under the Education Code and, as provided therein, subject to dismissal at any time; they are not entitled to Education Code due process procedures afforded permanent school employees; substitute employees are, however, “public school employees” with the meaning of EERA and, as provided therein, enjoy the same rights to form, join and participate in the activities of employee organizations of their own choosing as any other public school employee; the elements of a prima facie case remain the same, regardless of an employee’s at-will or similar status and regardless of the procedural protections to which the employee might be entitled to in a different forum. more or view all topics or full text.
4016604/20/16
2337E Palo Verde Unified School District
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Our statutes protect the right of at-will and probationary employees to engage in protected activity and to be free of discrimination or retaliation therefor. more or view all topics or full text.
386910/29/13
1657E Los Angeles Unified School District
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Temporary teacher did not have same right to continued employment with the district as permanent teachers. more or view all topics or full text.
2819607/08/04
0965E Livingston Union School District
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Probationary teachers covered under Act; District must justify decision not to reelect once prima facie showing made; pp. 3, 26 and 34-37, proposed dec. more or view all topics or full text.
172402212/10/92
0786E McFarland Unified School District
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Probationary teachers covered under Act; district must justify decision not to reelect once prima facie showing made; pp. 9-10. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166, review denied.) more or view all topics or full text.
142103401/03/90
0787S State of California (Department of Personnel Administration)
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Under the Dills Act it is found that all employees in state service, unless specifically exempted by section 4 of Article 7 of the Constitution, are civil service employees. Board overruled, in part, Decision No. 110d-S. more or view all topics or full text.
142104001/11/90
0559H California State University (San Francisco)
502.4000: EMPLOYER DISCRIMINATION; PERSONS PROTECTED; Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Not proven that probationary employees rejected due to unlawful motive. more or view all topics or full text.
101704301/03/86