What is the test for an adverse action against an employee who was found guilty of misconduct?
MultiRegion, United States of America
The following excerpt is from Velasquez v. Constellation Brands US Operations, Inc., Case No. 1:18-cv-00364-SAB (E.D. Cal. 2019):
"If the employer takes an adverse action based on a good faith belief that an employee engaged in misconduct, then the employer has acted because of perceived misconduct, not because of protected status or activity," and "[t]he relevant inquiry is whether the [employer] believed [the employee] was guilty of the conduct justifying discharge." Joaquin v. City of Los
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