Decision 1634M – Otay Water District * * * OVERRULED IN PART by Bellflower Unified School District (2022) PERB Decision No. 2544a * * *
LA-CE-9-M
Decision Date: May 19, 2004
Decision Type: PERB Decision
Description: The parties had settled the underlying case by stipulation to make the charging parties whole for lost pay and benefits, less mitigation after layoff. The Board adopted the ALJ decision finding there had been compliance.
Disposition: The Board found the employer’s liability terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment or financial losses of family members.
* * * OVERRULED IN PART by Bellflower Unified School District (2022) PERB Decision No. 2544a * * *
Perc Vol: 28
Perc Index: 156
Decision Headnotes
1108.01000 – In General
* * * OVERRULED IN PART by Bellflower Unified School District (2022) PERB Decision No. 2544a, where the Board held that employers are liable for interim employment expenses separately from back pay. * * *
Employer's liability is terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment and or financial losses of family members.
1201.03000 – Back Pay; Interest
* * * OVERRULED IN PART by Bellflower Unified School District (2022) PERB Decision No. 2544a, where the Board held that employers are liable for interim employment expenses separately from back pay. * * *
Employer's liability is terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment and or financial losses of family members.