Decision 1687E – Visalia Unified School District

SA-CE-2128-E

Decision Date: September 9, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 251

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – 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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

In a constructive discharge case, the statute of limitations begins to run on the date the employee effectively communicates the decision to resign, not the date the employee subjectively decides to resign