Home > Business Law, Construction Law, Law & Technology, Real Estate Law > MacDonald v. State affirms employees must exhaust Administrative Remedies before Suing

MacDonald v. State affirms employees must exhaust Administrative Remedies before Suing

In MacDonald v. State of California [No. C069646. Third Dist. Aug. 27, 2013] as just published, a Judgment for defendant-employer on plaintiff’s claim for retaliatory discharge was affirmed. The appeals court held an employee must exhaust the administrative remedy set forth in Labor Code section 98.7 before filing suit in superior court for retaliatory discharge in violation of sections 1102.5 and 6310. Labor Code Section 1102.5 is a whistle-blower statute, the purpose of which is to encourage workplace whistle-blowers to report unlawful acts without fearing retaliation. Though this whistle-blower statute does not itself have an administrative remedy, Labor Code Section 98.7 does reference one and the appeals court held that must be exhausted first, and prior to, filing a lawsuit for retaliatory termination.

– All Rights Reserved © 2013 by Michael L. Mau, Esq. and The Mau Law Firm

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