All notes for Subtopic 504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase

DecisionDescriptionPERC Vol.PERC IndexDate
2692M * * * JUDICIAL APPEAL PENDING * * * City of South Pasadena
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Employer’s decision to proceed directly to termination was striking when considered against the background of employee’s good standing in the department. Employee had recently received an overall rating of excellent in his performance evaluation, and had been encouraged by his immediate supervisor to take a promotional test. (p. 14.) more or view all topics or full text.
01/30/20
2039M Calaveras County Water District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
No evidence that employee had a consistent, documented history of excellent work prior to receiving a negative evaluation. more or view all topics or full text.
3311006/19/09
1970H Trustees of the California State University
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Ranking of applicant last among candidates, when he had held position in temporary status for three years with no discipline or unsatisfactory performance reviews, supported inference of unlawful motive. more or view all topics or full text.
3211807/18/08
1714E Simi Valley Unified School District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Although the principal testified that she had concerns about the teacher’s teaching style for months, the teacher had an exemplary record. In fact the principal had previously written a glowing recommendation for the teacher’s application as a consulting teacher, in which he would evaluate “teachers in trouble.” The teacher’s performance evaluations included praise for the teacher’s ability to assess students and to modify his teaching style to meet students’ needs. more or view all topics or full text.
291911/29/04
1674E Fresno County Office of Education
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
There was sufficient evidence of nexus through the timing of the transfers, the varying justifications given for the transfers, the suspect investigation and results of the “employee lounge incidents” reported by Nolt and Allison as witnesses, and management’s statements at staff assemblies denouncing union leadership. Only Association activists to be involuntarily transferred for non-disciplinary reasons from continuing programs. more or view all topics or full text.
2821908/19/04
1585H Regents of the University of California
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Fact that charges in the termination notice are unsubstantiated does not by itself establish the required nexus. more or view all topics or full text.
286201/15/04
1532E Los Angeles Unified School District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
District’s explanation that applicant was rejected for re-employment because reference letter failed as to “quality” is inconsistent with the District’s previous evaluations of employee’s performance, and thus, is circumstantial evidence that employee was not rehired because of his protected activities. more or view all topics or full text.
279206/23/03
0965E Livingston Union School District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Employee evaluations were satisfactory; p. 4; pp. 29-30, proposed dec. more or view all topics or full text.
172402212/10/92
0895E Sonoma County Junior College District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Evidence of unlawful motivation found where Charging Party was refused permanent teaching position when he was: ranked as acceptable in four previous interviews; employed and re-employed by the college over successive years; and received favorable performance evaluations; p. 22, proposed dec. more or view all topics or full text.
152213208/12/91
0500E Santa Clara Unified School District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Charging party reassigned despite excellent work record and qualifications to teach available courses at present site. more or view all topics or full text.
91611604/11/85
0264E North Sacramento School District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
A clear inference of unlawful motivation is raised when an employee with a previously good work record is repeatedly reprimanded or threatened with reprisal following his participation in protected activity; p. 9. more or view all topics or full text.
71401712/20/82
0261E San Joaquin Delta Community College District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Meritorious or satisfactory work record - In evaluating reasonableness of discipline of union activist, it is important to note employer's unblemished record during employment; p. 7. more or view all topics or full text.
71401111/30/82
0210E Novato Unified School District
504.6000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Unlawful motivation inferred by transfer after generally and consistently previous good evaluations. more or view all topics or full text.
61311404/30/82