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Are there any administrative remedies that have to be exhausted before a university of California employee can file a

Los Angeles, CA |

whistleblower claim under Government Code § 8547 ?

Attorney Answers 2


  1. Generally, you do not have to exhaust interal administrative remedies if you are fung a statutory claim. However, you must exhaust non statutory claims. Contact an employment attorney soon. Internal procedures often have very short timelines. Most attorneys offer free initial consultations.

    The answer provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter. Neither the transmission of the information contained in this answer nor your use of the information creates an attorney-client relationship between you and Pierce & Shearer LLP. An attorney-client relationship can only be created by the mutual assent of both parties and only after a consultation. Pierce & Shearer LLP cannot agree to be retained as counsel until a conflict-of-interest check is completed and a written engagement and fee agreement provided by Pierce & Shearer LLP is signed by you and a Pierce & Shearer LLP attorney.


  2. In a nutshell, no, you are not required to exhaust administrative remedies to file a civil action for whistleblower claims. But it may be a good idea to fully exhaust the employer's internal complaint procedures, determine the extent of their investigation and whether it remedied the situation. An employer has broad discretion in correcting most issues. Also, you should have a suffered an adverse employment action due to your complaint, like a discharge. See an attorney to review your issues. Thank you.

    This information should not be considered legal advice or a legal opinion, and it does not create an attorney-client relationship. The information herein is general and for educational purposes only. A complete consultation, including review of facts and documents and research is required for specific legal advice or a legal opinion. You should consult an attorney for legal advice for your particular circumstances.

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