All notes for Subtopic 503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

DecisionDescriptionPERC Vol.PERC IndexDate
2584E California Virtual Academies
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Termination is an adverse action. more or view all topics or full text.
435409/21/18
2450E Jurupa Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Initiation of permanent certificated employee dismissal proceedings is an adverse action. more or view all topics or full text.
404608/31/15
2453E Cabrillo Community College District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
To the extent that the Office of the General Counsel determined that the withdrawal of tentatively scheduled employment and all future employment is an adverse action, we concur. more or view all topics or full text.
405709/17/15
2391H Trustees of the California State University (East Bay)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Under the facts of this particular case, where Charging Party elected to arbitrate his appeal of his suspension and termination, and because his claim that his termination was motivated by his filing this unfair practice charge was clearly presented to the arbitrator for consideration, deferral to that arbitration procedure is appropriate. more or view all topics or full text.
393909/02/14
2447E Los Angeles Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
A reasonable person would consider the severance of the employment relationship that necessarily occurs through layoff to be adverse to the employee’s employment interests. more or view all topics or full text.
404308/10/15
2381E Monterey Peninsula Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
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
2207M City and County of San Francisco
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Dismissal of an employee is an adverse action. more or view all topics or full text.
366010/05/11
2244E Los Angeles Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Decision to bar substitute teacher from working at a particular school and to remove her from the preferred substitute list are adverse actions. more or view all topics or full text.
3613302/29/12
2211M City of Santa Monica
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Termination of probationary employee is an adverse action. more or view all topics or full text.
366610/24/11
2174M County of Contra Costa
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Charge failed to establish that decision to eliminate part-time public health nurse positions and lay off charging party was part of a “strategically orchestrated” plan to terminate charging party’s employment, where charge failed to establish that person or persons responsible for terminating interdepartmental contract and recommending budget cuts had any knowledge of charging party’s protected activity in filing grievances against her supervisor or acting as union steward. While it is conceivable that employees in the personnel department had knowledge of employee’s protected activities, charge failed to allege facts demonstrating any of the established “nexus” factors and therefore failed to alleged any facts that would support a finding that the decision to hire two full-time employees, the elimination of all part-time positions, or the denial of charging party’s request to fill in temporarily for another employee were motivated by employee’s protected activity. more or view all topics or full text.
356703/25/11
2161M City of Alhambra
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Rejection on probation is an adverse action. more or view all topics or full text.
353602/08/11
2129E Sacramento City Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Removal of substitute teacher’s name from the school district’s active substitute list was an adverse action because it effectively terminated the teacher’s employment with the district. more or view all topics or full text.
3413409/03/10
2090M County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Termination of employee was taken in retaliation for protected activities, where accusations were not supported by independent evidence presented at hearing and employer engaged in cursory investigation of alleged misconduct. more or view all topics or full text.
344512/31/09
2066M Metropolitan Water District of Southern California
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Termination of employment and health benefits were not adverse actions because they were taken pursuant to a signed settlement agreement between the employee and the employer. more or view all topics or full text.
3316509/29/09
1995H Regents of the University of California (Los Angeles)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Employee was laid off when his position was eliminated as part of university-wide staff reductions. University did not lay off employee in retaliation for union activities. While decision maker had knowledge of employee’s union activities, union animus held by employee’s supervisors is not imputed to decision maker, and layoff decision was not so economically indefensible that it must have been the product of unlawful motivation. more or view all topics or full text.
332512/19/08
2035M Solano County Fair Association
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
In a charge alleging wrongful termination based on retaliation for protected activity under the MMBA, the six month statute of limitations period does not begin to run until the date of actual termination. more or view all topics or full text.
3310206/09/09
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
The decision not to renew three teachers’ contracts followed closely after the teachers’ second meeting with an Association representative in which they voted to become part of the District’s faculty bargaining unit. However, timing alone, without more, does not demonstrate the necessary nexus between the protected act and the adverse action. more or view all topics or full text.
324502/28/08
1920M Jurupa Community Services District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
An employee’s termination is motivated by anti-union animus, when his supervisor attempted to talk him out of filing the grievance, suggesting that filing the grievance would be a waste of his time, found him "insubordinate" and stated that he had a "bad attitude" when he refused to follow his "advice" about not filing the grievance. more or view all topics or full text.
3113608/10/07
1866H Trustees of the California State University (Humboldt)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Charging party was aware of a reorganization four years prior to his layoff and was aware of a threat of layoff more than a year before his layoff; therefore his allegations that the reorganization led to his layoff and that he was threatened were both untimely filed. more or view all topics or full text.
312612/14/06
1804H Regents of the University of California
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
To establish a prima facie case of constructive discharge, a charging party must demonstrate: (1) that the burden imposed upon the employee must cause, and be intended to cause, a change in the employee's working conditions so difficult or unpleasant as to force the employee to resign; and (2) the burden was imposed because of the employee's protected activity. more or view all topics or full text.
304401/04/06
1778E Klamath-Trinity Joint Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
The decision to eliminate the ASB/EDA position and to lay off Tyner was adverse to her interests. more or view all topics or full text.
2916710/06/05
1676M Rainbow Municipal Water District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Goddard was terminated for his protected activity. more or view all topics or full text.
2822008/19/04
1687E Visalia Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
In a case alleging constructive discharge, Board held that charging party’s fear of a future negative performance evaluation did not establish intolerable working conditions. more or view all topics or full text.
2825109/09/04
1431E Los Angeles Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
No prima facie case of retaliation where only evidence of protected activity in the record consisted of contacting union regarding Notice of Unsatisfactory Conduct and where facts demonstrated termination was based on excessive absences and absent without leave status, not because of contact with union. more or view all topics or full text.
253206104/30/01
1357S State of California (Department of Health Services)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
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
1224S State of California (Department of Corrections) (Martin)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Where employee was laid off after allegedly attending union meeting, but there was no evidence that employer knew of employee's having gone to meeting, there can be no prima facie showing of discrimination by employer in retaliation for exercise of protected conduct; pp. 13-14, proposed dec. more or view all topics or full text.
222900410/31/97
0845H California State University, Fresno
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Employee's rejection from probation constitutes adverse action; p. 10. more or view all topics or full text.
142119310/04/90
0685E Hacienda La Puente Unified School District  * * * SUPERCEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
For resignation to be constructive discharge - burden imposed upon employee must cause, and be intended to cause, a change in working conditions so difficult and unpleasant as to force him to resign, and burden was imposed because of employee's union activities. more or view all topics or full text.
121911306/24/88
0639E Riverside Unified School District (Petrich)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Prima facie case of retalitory discharge not established. more or view all topics or full text.
121900311/23/87
0630E Kern County Office of Education
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
No prima facie case of retaliatory discharge. more or view all topics or full text.
111813307/14/87
0619S State of California (Department of Developmental Services)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
While union proved protected conduct, it failed to prove link between conduct and termination; p. 24, proposed dec. more or view all topics or full text.
111808504/17/87
0559H California State University (San Francisco)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Not proven that probationary employees rejected due to unlawful motive. more or view all topics or full text.
101704301/03/86
0401E Inglewood Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
No violation where there was no evidence that adverse personnel actions taken against employee were motivated by employees exercise of protected rights; there was no protected activity of sufficient moment to establish that they were a motivating factor of discriminatory termination; pp. 42, 46, proposed dec. more or view all topics or full text.
81515408/29/84
0303E Poway Unified School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Board found that under Novato, charging party's minimal protected activity prior to date the District reached a firm decision to terminate charging party was not a motivating factor in the decision to terminate him; p. 8. more or view all topics or full text.
71413304/14/83
0145E Marin Community College District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Constructive discharge not applicable where employee leaves a job temporarily because of employer's unlawful conduct. Doctrine applies only where employee quits the job. more or view all topics or full text.
41119811/19/80
0120E Los Gatos Joint Union High School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Discharge and refusal to reemploy substitute custodian for membership and activities on behalf of union held a violation of EERA; pp. 8-14, proposed dec. more or view all topics or full text.
03/21/80
0949H Regents of the University of California (Einheber)
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Discharge is adverse action; p. 7, proposed dec. more or view all topics or full text.
162313308/13/92
0924E Santa Maria-Bonita School District
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
A school district may not use nonreemployment under Education Code 44929.21 as a means of retaliation for protected activity. more or view all topics or full text.
162304202/24/92
0065E Santa Clara County Superintendent of Schools
503.7000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Discharge of bus driver not unlawful where protected activity not clearly shown, apparently minor in scope and, in any event, not known to employer, and where denial of permit justified by age and poor driving record; p. 23, proposed dec. more or view all topics or full text.
2217108/16/78