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

Asked 6 months ago - Los Angeles, CA

whistleblower claim under Government Code § 8547 ?

Attorney answers (2)

  1. Stacy Yva North

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... more
  2. Jon Anthony Dieringer

    Contributor Level 11

    Answered . 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-... more

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