All notes for Subtopic 503.03000 – Warning Letters, Reprimands, Evaluations

DecisionDescriptionPERC Vol.PERC IndexDate
2712M City and County of San Francisco
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Written warning and performance improvement plans were adverse actions. (p. 20.) more or view all topics or full text.
05/06/20
2654E Claremont Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Placing documents that could support future discipline in an employee’s personnel file is an adverse action. The document need not be disciplinary itself or include a threat of discipline; it is enough that the document conclusively accuses the employee of misconduct or substandard performance. (pp. 14-15.) The District’s Cease and Desist Letter definitively accused the employee—already facing potential dismissal for inappropriate conduct—of “once again” insubordinately engaging in inappropriate communications contrary to prior directives. Because the letter warned the employee that further such communications may be used to amend pending disciplinary charges and advised that it would be placed in his personnel file, a reasonable person in the employee’s place would consider the letter adverse to his or her employment. (pp. 15-16.) more or view all topics or full text.
07/10/19
2625E San Diego Community College District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
The Board found the employee’s consecutive semester evaluation was not an adverse action because it did not signal a performance deficiency under the circumstances of the case, distinguishing Jurupa Unified School District (2012) PERB Decision No. 2283, which held that evaluating a permanent certificated employee in two consecutive school years was an adverse action because, in the circumstances of that case, it signaled a performance deficiency. more or view all topics or full text.
4313102/20/19
2605E Mount San Jacinto Community College District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
When an employer places a document in an employee’s personnel file that impugns the employee’s reputation or otherwise potentially impedes the employee’s professional advancement, such action can constitute adverse action even absent any threat of discipline. (County of Riverside (2009) PERB Decision No. 2090-M, pp. 28, 30 [action need not specifically threaten discipline if it otherwise has an adverse impact on the employee’s employment]; State of California (Department of Youth Authority) (2000) PERB Decision No. 1403-S, pp. 32-33 [adverse action found where employer demeaned employee by issuing a substandard rating for “relationships with people,” and by imposing a documented requirement that a fellow employee had to review budget requests].) (p. 18, fn. 10.) more or view all topics or full text.
439212/12/18
2494M City of Davis
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Issuance of a performance improvement plan that threatened future discipline if employee failed to meet performance standards is an adverse action. Performance improvement plan is an adverse action where there is no provision for removal of a PIP from an employee’s official personnel file. more or view all topics or full text.
413306/30/16
2458E Jurupa Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
A summary of meeting memorandum given to a charging party after the District’s investigatory interview of charging party was not an adverse action because it did not accuse charging party of misconduct, did not discipline or threaten to discipline her, and there was no evidence it was placed in her personnel file, or would otherwise be used to support any future disciplinary action. The District’s removal of negative evaluations and warning letter from charging party’s personnel files did not cure those adverse actions, because it was not an honestly given retraction. The District did not remove the challenged documents until several months after it issued them, and was not made in a manner that completely nullified the coercive effects of the earlier action. Although the District notified charging party that the offending documents would be removed from District files, the District then replaced the retracted documents with a new adverse action, viz., notification of a consecutive annual evaluation. The fact that a District official stated that the investigation has revealed no evidence of a violation of policy also fails the required factor that the retraction be unambiguous and specific in nature to the coercive conduct. Moreover, these documents were removed only after charging party filed a complaint with the District over her evaluations and following discussions with union’s attorney. This fact, coupled with the fact that the District imposed a new adverse action and insisted that it engaged in no wrongdoing, suggests that the District was motivated solely by a desire to avoid further litigation over the issue, rather than by a sincere effort to retract a coercive statement or action. Consecutive annual evaluations of a permanent teacher constitute an adverse action. more or view all topics or full text.
407510/23/15
2381E Monterey Peninsula Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
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. more or view all topics or full text.
391206/27/14
2283E Jurupa Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
We treat the issue whether a consecutive annual evaluation of a permanent certificated employee is adverse as one of first impression. Requiring a consecutive year evaluation of a permanent employee treats the permanent employee as though she were probationary and simultaneously signals a performance deficiency requiring remediation and or termination. As to a permanent certificated employee subject normally to bi-annual evaluation under collectively-bargained procedures tracking Education Code sections 44660 et seq., a directive that the employee undergo a consecutive annual evaluation is the functional equivalent of an unsatisfactory evaluation, and thus adverse. more or view all topics or full text.
08/21/12
2265E Oxnard Union High School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
PERB has found that not all verbal expressions of concern about an employee’s conduct rise to the level of a verbal reprimand for purposes of determining whether there has been an adverse action; where charge alleged that the respondent offered suggestions regarding curriculum issues after “implying” that there were student complaints regarding charging party’s teaching techniques, the respondent’s actions cannot be found to be adverse under an objective standard. more or view all topics or full text.
05/25/12
2140H Trustees of the California State University (San Marcos)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
A supervisor’s critical comments about an employee’s work performance did not constitute adverse action when they were not a reprimand and did not lead to discipline. more or view all topics or full text.
3416511/02/10
2118S State of California (Department of Corrections and Rehabilitation)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
An overall positive performance evaluation that contains some written comments and constructive criticism does not transform an otherwise positive evaluation into an adverse action. more or view all topics or full text.
3410206/15/10
2090M County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
An employer’s action is adverse if a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment. Employer’s memorandum was an adverse action where it made several changes to employee’s working conditions, including altering his work hours; imposing additional conditions when calling in sick; prohibiting him from leaving his work station or even the floor without permission, going to the floor where his wife worked, using his personal laptop and cell phone, discussing specified issues with staff, socializing with other employees, and having public contact. However, a memorandum simply informing an employee of the employer’s expectations and advising him that failure to abide by those expectations may result in disciplinary action was not an adverse action. Issuance of directive instructing employee to provide a doctor’s certificate upon his return to work and to contact his supervisor within an hour of his start time when calling in sick was not an adverse action, where a reasonable person under the same circumstances would not consider the directive to have an adverse impact on his or her employment and the directive did not give unequivocal notice that the employer had made a firm decision to take adverse action. more or view all topics or full text.
344512/31/09
2072S State of California (Department of Social Services)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Two draft memoranda setting forth employer’s expectations did not constitute adverse action, where memoranda were never issued to employee or placed in employee’s personnel file. more or view all topics or full text.
3317710/27/09
1986E Rio School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Letter from district superintendent to employee organization president requesting information relevant to president’s allegations that district administrators improperly evaluated particular teachers was not adverse action because it did not threaten future discipline. Reprimand for failure to provide the requested information was an adverse action. more or view all topics or full text.
33811/21/08
1975M County of Merced
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Unequivocal notice of the employer’s intent to impose discipline is an adverse action. Letter to employee stating that he was absent without leave and would be terminated unless he returned to work by a specific date was not adverse action because it did not indicate the employer had made a firm decision to terminate the employee. Notice for employee to vacate employer-provided residence was adverse action because it unequivocally stated employer’s intent to eliminate a term or condition of employment. more or view all topics or full text.
3213709/05/08
1977M City of Long Beach
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Counseling memorandum that threatened future discipline and was placed in employee’s personnel file constituted adverse action. more or view all topics or full text.
3214009/16/08
1930E Los Angeles Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Teacher suffered adverse action in the notice of unsatisfactory acts and suspension and in receiving two memoranda. Two memoranda to charging party, although not disciplinary in themselves, threatened disciplinary action , and a reasonable person would find them to have an adverse impact on the charging party’s employment. more or view all topics or full text.
321011/28/07
1853H Trustees of the California State University * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Evidence of adverse action is required to support a claim of discrimination or reprisal. In determining whether such evidence is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. The issuance of a written reprimand has been found to constitute an adverse action. more or view all topics or full text.
3015508/29/06
1851H Regents of the University of California
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Argument could be made that counseling memos are not an adverse action where counseling memos are not considered discipline under the parties collective bargaining agreement. Even assuming the counseling memo was an adverse action, the charge failed to demonstrate nexus. more or view all topics or full text.
3015308/21/06
1746E Los Angeles Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
A system wide audit of the employee’s job classification is not an adverse action under the objective test. more or view all topics or full text.
297002/01/05
1714E Simi Valley Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
The District imposed adverse action on the teacher through the principal’s silent, frequent and unannounced visits to the teacher’s classroom, which culminated in a memo imposing 26 hours of observations in a 2 month period. The teacher’s experience with these visits was significantly different in number, frequency and tenor than those of other teachers at the school.) more or view all topics or full text.
291911/29/04
1649M County of San Joaquin (Health Care Services)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Despite evidence of unlawful animus, the Board found that physician would have been terminated even absent protected activities because of inappropriate remarks made to patients and other employees. more or view all topics or full text.
2818706/29/04
1403S State of California (Department of Youth Authority)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Adverse actions found because teacher being investigated for allegedly being "discourteous in your treatment" of assigned students would reasonably consider such action as having an adverse impact on his/her employment; likewise, any teacher required to obtain permission from a peer for the requisition of her classroom supplies would reasonably consider such action to be demeaning and have an adverse impact on his/her employment; also, a reasonable person would consider a performance report that included substandard ratings for "relationships with people" and "analyzing situations and materials" to have an adverse impact on his/her employment. more or view all topics or full text.
243114609/12/00
1357S State of California (Department of Health Services)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Notice that employer would be seeking an adverse action against an employee is not an adverse action; p. 2, dismissal letter. more or view all topics or full text.
243100110/18/99
1255H Regents of the University of California (California Nurses Association)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Letter of reprimand constitutes adverse action for purposes of reprisal; p. 48, proposed dec. more or view all topics or full text.
222906603/20/98
1248E Alisal Union Elementary School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Disciplinary memorandum placed in employee's personnel file constitutes adverse action for purposes of the EERA; p. 5. more or view all topics or full text.
222904901/28/98
1246E Oakdale Union Elementary School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Letter to reprimand constitutes adverse action; p. 17. more or view all topics or full text.
222904701/28/98
0971E Los Angeles Unified School District (Wyler)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
An inadequate service report was an adverse action. more or view all topics or full text.
172404102/08/93
0957E Los Angeles Unified School District (Kaady)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Delaying charging party's return to work from industrial injury/ illness and the receiving of three written notices of unsatisfactory service was adverse action; p. 4, proposed dec. more or view all topics or full text.
172400011/18/92
0795E Jamestown Elementary School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
No nexus found where little or no evidence that employer aware of protected activity and where comments of employer could not reasonably be interpreted to urge employee to abandon support for incumbent union; pp. 18-19, proposed dec. (Writ summarily denied.) more or view all topics or full text.
142106903/20/90
0659E Los Angeles Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Even assuming the presence of unlawful motive on the part of the principal, she would have downrated education aide's performance evaluation in the absence of protected activity. Evaluation was identical to that recommended by a teacher overseeing employee's work who was not shown to evince unlawful motive or knowledge of exercise of protected rights. more or view all topics or full text.
121904903/16/88
0641H California State University, Long Beach
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Adverse actions (denial of merit salary adjustment, bad evaluation, refusal to alter work assignment, and imposition of involuntary disability leave) against an employee were taken because of dissatisfaction with her (employee's) work, displeasure with her resistance to accepting directions and criticism from supervisors, and the desire of the supervisors to conduct the program according to their own judgments. Adverse actions were not due to Charging Party invoking aid of union. more or view all topics or full text.
121900612/11/87
0628E Woodland Joint Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Purported bases for poor evaluation, letters of reprimand and other derogatory materials found pretextural; no employee misconduct. more or view all topics or full text.
111812106/30/87
0602E Rancho Santiago Community College District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Notice of unprofessional conduct (Ed. Code sec. 87734) is disciplinary action that may not be taken and must be rescinded if due to the exercise of protected rights such as free speech; pp. 15-16. more or view all topics or full text.
111802112/30/86
1946E San Mateo County Office of Education
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
The central dispute surrounds whether or not the charging party alleged sufficient facts to support the allegation that his employer’s reprimand was issued because of his protected conduct and thereby retaliation. more or view all topics or full text.
324802/29/08
1735S State of California (Department of Transportation)
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Under a theory of retaliation, the Expectations Memorandum did not comprise adverse action since it was merely a clarification of her job duties and not disciplinary in nature. more or view all topics or full text.
295501/19/05
0505E Santa Paula School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Letter of reprimand found not discriminatory or excessive action against classified employee who sent letter directing certificated employees to do particular work. more or view all topics or full text.
91612805/07/85
0328S State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Even though counseling memo is not placed in file, considered more serious than verbal warning, and distribution to other supervisors makes documents adverse action. more or view all topics or full text.
71421107/29/83
0324E Central Union High School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Letter of reprimand is adverse action. more or view all topics or full text.
71418906/30/83
0147E Santa Monica Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Reference to Education Code Section 44938 in a letter to a union activist is a veiled threat of impending dismissal and an adverse action. The code section sets out the statutory notice required prior to dismissal of employees for immoral or unprofessional conduct. The letter was placed in the personnel file of a union officer and could therefore have an adverse influence on the employee's promotional opportunities. more or view all topics or full text.
51200312/10/80
0137E San Diego Unified School District
503.3000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Warning Letters, Reprimands, Evaluations
Letters. Post-strike letters of commendation which were placed in personnel files of non-strikers constituted a discrimination against strikers. The employer acknowledged that the letters might benefit the non-strikers in subsequent promotions. The letters violated a no-reprisal provision of the agreement which ended the strike. more or view all topics or full text.
41111506/19/80