Decision 1680S – State of California (State Personnel Board)

SA-CE-1395-S

Decision Date: August 20, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 224

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.10000 – Wages, Bonuses, Incentives; Severance Pay

PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.