Decision 1687E – Visalia Unified School District
Decision Date: September 9, 2004
Decision Type: PERB Decision
Description: Employee alleged constructive termination for protected activities.
Disposition: Board held that charging party’s fear of a future negative performance evaluation did not establish the intolerable working conditions necessary to show constructive termination. Statute of limitations begins to run on date employee effectively communicates the decision to resign not date he subjectively decides to resign.
Perc Vol: 28
Perc Index: 251
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.
1101.03000 – 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