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California Government Whistleblower

Folsom, CA |

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?

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Attorney answers 1

Posted

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,

Oleg Albert
tumberalbert.com

Asker

Posted

Greetings Mr. Albert, After I was constructively discharged, I completed my administrative process with the SPB and then I filed a complaint with Superior Court under Government code section 8547.8. I only filed tort with the SPB. The WBA (the Statute) does not require tort presentation and the court is silent in this regard.

Oleg I Albert

Oleg I Albert

Posted

Who are suing, a person, or the government?

Asker

Posted

The government; a state agency.

Oleg I Albert

Oleg I Albert

Posted

Generally, when in doubt follow the act and give the agency notice. It's a short statute of violations, and has to be complied with before filing of a private suit. Should it be unnecessary, there is no harm in giving notice.

Oleg I Albert

Oleg I Albert

Posted

*limitations

Asker

Posted

What statute refers to public vs. private suit? Is it GC 905 or 810?