Decision 1904M – State Bar of California

SF-CE-389-M`

Decision Date: May 8, 2007

Decision Type: PERB Decision

Description:  The charge alleged that the State Bar of California violated the MMBA by delaying the grievance process and terminating her employment.

Disposition:  The Board upheld the dismissal of the charge based upon the six-month statute of limitations.  The Board held that for an unfair practice charge based upon termination of employment, the statute of limitations begins to run on the date of actual termination.  The Board held that the filing of a federal lawsuit does not toll the statute of limitations.

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Perc Vol: 31
Perc Index: 96

Decision Headnotes

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

The statute of limitations for an unfair practice charge based upon termination of employment begins to run on the date of actual termination.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

The filing of a federal lawsuit does not toll the statute of limitations under section 3514.5(a)(2) of the Dills Act.