California Public Employee Relations Board Complaint Settlement

H

Hennesseystealth

New Member
Jurisdiction
California
My wife has spent the last 9 months battling a retaliation claim against her employer (school district). PERB just agreed she had a Prima Facie case and the PERB General Counsel has filed a complaint against the school district for violating California Government Code 3543.5.

PERB is arranging a settlement conference but my wife's union has not, to this point, provided any legal support (in fact, they told her she had no case). So, she has no idea what she can ask for in the settlement.

She previously developed a 13 point settlement agreement (mostly work condition changes, keeping the retaliating parties from communicating with her in the future, not being under their supervision, etc.) which the district agreed to and then reneged upon. The question is, even though she did not suffer any financial damage (union contract mandates pay and raises) but she did suffer significant mental distress and damage to her reputation, what can she ask for in the settlement (e.g., monetary, original settlement points, etc.)?

My wife has spent the last 9 months battling a retaliation claim against her employer (school district). PERB just agreed she had a Prima Facie case and the PERB General Counsel has filed a complaint against the school district for violating California Government Code 3543.5.

PERB is arranging a settlement conference but my wife's union has not, to this point, provided any legal support (in fact, they told her she had no case). So, she has no idea what she can ask for in the settlement.

She previously developed a 13 point settlement agreement (mostly work condition changes, keeping the retaliating parties from communicating with her in the future, not being under their supervision, etc.) which the district agreed to and then reneged upon. The question is, even though she did not suffer any financial damage (union contract mandates pay and raises) but she did suffer significant mental distress and damage to her reputation, what can she ask for in the settlement (e.g., monetary, original settlement points, etc.)?
 
Last edited by a moderator:
We have no idea, since we know nothing of the case.

Suggest she consult an attorney with whom she can review all the facts.
 
Was looking at general categories; 1) working conditions, 2) removal of the retaliating party from the same campus, 3) right to pick what class she is assigned to each year, 4) punitive damages?
 
P.S. have not been able to find a referral for an attorney that handles public school employee issues. This is a specialized area and it seems everyone I find represents schools as they have deeper pockets.
 
Hennesseystealth said:
P.S. have not been able to find a referral for an attorney that handles public school employee issues. This is a specialized area and it seems everyone I find represents schools as they have deeper pockets.
Click to expand...

Have your wife ask someone from her teachers union.
You can also look for attorneys that work with administrative law, or governmental bodies.
 
army judge said:
Have your wife ask someone from her teachers union.
You can also look for attorneys that work with administrative law, or governmental bodies.
Click to expand...

That was the first thing she did months ago. The union said she had no chance of winning the case and, therefore, would provide no legal assistance. Now that she has proven the union's estimate to be incorrect, they are still only offering to send the union rep to the settlement meeting. This is the same person that has been telling my wife she has no leg to stand on and was also the one that tried to get her to water down her original settlement offer. So, we really do need some outside legal advice on what to expect from the settlement conference and want is a reasonable starting point for negotiations. Another avenue she is going to pursue is asking the PERB attorney that walked her through the process if he can point her toward legal assistance.
 
Hennesseystealth said:
So, we really do need some outside legal advice on what to expect from the settlement conference and want is a reasonable starting point for negotiations. Another avenue she is going to pursue is asking the PERB attorney that walked her through the process if he can point her toward legal assistance.
Click to expand...

She really does need legal assistance - needs to try & find an attorney she can discuss the case with completely. Good luck to her.
 
You do realize that having a prima facie case is not the same thing as winning the case, right? It's not even the same thing as HAVING a case - it means that there is an appearance that could be a case. If she's having that much trouble finding an attorney to take the case, it may be that she DOESN'T have one - or at least, not enough of a one to make it worth the attorney's while.

It would be irresponsible in the extreme for anyone on a message board, knowing nothing of the case, to give you anything resembling a "starting point" for negotiations.
 
cbg said:
You do realize that having a prima facie case is not the same thing as winning the case, right? It's not even the same thing as HAVING a case - it means that there is an appearance that could be a case. If she's having that much trouble finding an attorney to take the case, it may be that she DOESN'T have one - or at least, not enough of a one to make it worth the attorney's while.

It would be irresponsible in the extreme for anyone on a message board, knowing nothing of the case, to give you anything resembling a "starting point" for negotiations.
Click to expand...

Let me address your comments in reverse, 1) Public school employee law is so specialized that we can't find an attorney who represents employees. So, your comment that they are turning her down because she doesn't have a case is without merit since she hasn't spoken to any attorneys. 2) In this area of law, having a Prima Facie case means the State finds in your favor and forces the respondent into a settlement. There are a number of rounds of presentation of the facts and rebuttals that lead up to the State deciding if you have proven, in this case, retaliation for a protected union activity. The State then files a complaint against the school district, stating that they violated state law. There is then a mandatory informal settlement conference and then, if the parties can't agree, there is a formal settlement conference where the State will force a settlement. So, again, when the State declares a Prima Facie case, you have won. What you don't know is what you get as a result.
 
cbg said:
prima facie
Click to expand...
This area of law is different than what I have seen in civil and criminal cases and the fact that PERB chooses to use the term Prima Facie is only slightly relevant. The claimant only has to convince the State of the appearance of a violation and then the State takes over and issues a complaint that the respondent has, in fact, violated the law. PERB acts as an advocate for the claimant and helps them craft their charge so that they have the highest chance of gaining a ruling in their favor. There is no trial, the equivalent of a trial is done via submission of a charge, rebuttals, and amendments. In a certain sense, it would be the equivalent of a civil case were you could convince the government that you had been wronged and if they agree, they take over the prosecution and also act as counsel, judge, and jury.
 
You misunderstand how the process works or what it means. Regardless, given the number of times public employers, including school systems have been sued in your state, there are certainly no shortage of lawyers out there representing claimants. The union should have a list of those they use as a benefit of membership. The "rep" you mention very likely is an attorney. Most are. There is a find a lawyer feature at the top of this page as well.

Monetary settlements are very rare in these types of situations. What is reasonable as far as working condition demands vary tremendously and we have zero facts to go one. In general, being permitted to pick which classes you teach is not going to be reasonable. Neither is anything else which infringes on the rights or employment conditions of coworkers. Neither is a total prohibition against one person speaking to her for any reason. It might be limited to what is necessary to do the work, should they need to interact. Anything that violates the union agreement is also going to be off the table.
 
You can read more about the steps here PERB: Public Employment Relations Board - F.A.Q.

A Prima Facie finding is just the first step, and is not at all different from any number of other state and federal agencies. Virtually all follow the exact same format when a complaint has been made. If it meets the very basic elements, it goes to a settlement or mediation conference. If the parties can not resolve their differences, then the case goes to a hearing on the actual merits of the claim. If there is no merit, gaining a settlement might be difficult. Or, they might agree to some things just to smooth over hurt feelings and make it go away. That is why your wife REALLY needs to listen to her union and legal representative. That is who can tell her whether what she seeks is reasonable and the likelihood of prevailing at a hearing.

We have no idea from what you shared whether she has a great case, or nothing. But do be aware of the process and do not assume there is a case or that the employer did anything wrong, because at this stage, that is far from established.
 

Share this page

Get a free case review from a lawyer
Back
Top