Decision 0630E – Kern County Office of Education
LA-CE-2168
Decision Date: July 14, 1987
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18133
Decision Headnotes
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
PERB will apply principles of collateral estoppel where all of the elements present; in this case application not necessary.
501.01000 – In General; Elements of Prima Facie Case
Unnecessary to consider business justification where no prima facie case established.
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
No prima facie case of retaliatory discharge.
504.02000 – Disparate Treatment
No evidence of disparate treatment where employee treated same as others similarly situated.
504.03000 – Departure from Past Practices or Procedures
No evidence of departure from established procedures in employee's termination.
504.04000 – Timing of Action
Employment problems predated protected activity.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
No evidence of shifting or inconsistent justification for employee's termination.
1405.01000 – In General
PERB will apply principles of collateral estoppel where all of the elements present; in this case application not necessary.