Decision 1965E – Oakland Unified School District

The employer's failure to follow established procedures in charging party's dismissal are numerous. The District sent two identical letters a month apart offering charging party the opportunity for a hearing. The employer contends it scheduled a hearing but did not notify charging party of the date of the hearing. The employer allegedly held the hearing but cannot identify exactly when it was held and the parties agree that charging party was not present. There are no written conclusions or findings that resulted from the hearing. Finally, there is no final notice of termination.

With allegations of termination of employment, it is the effective date of termination that triggers the running of the statute of limitations.