If someone files a whistleblower complaint under Government Code Section 8547.8, do they have to comply with the tort claims act? Is there a specific case that specifically speaks to a government whistleblowers' duty to comply with the tort claims act?
Is there a case that says the tort claims act is inapplicable to government whistleblowers?
Employment / Labor Attorney
A person who brings a private cause of action against a government entity must comply with Tort Claims Act. Thus, the nature of the claim, whether it is considered private or not, determines applicability of the act. It is difficult to answer your question because it is unclear if you intend to sue the government entity, or the official in his/her personal capacity. Their current status also matter, in other words, is this persons still a government official or has since resigned/retired.
Additionally, depending on the nature of the protected activity, you may have a cause of action under Labor Code 1102.5 against your employer, if you were wrongfully terminated.
You should call an employment attorney to discuss this further; more facts are necessary.
Best of luck,
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