Court Restores Promise of Whistleblower Act for State Employees

July 12, 2009 by Beeson Tayer & Bodine

The California Supreme Court has issued a decision removing roadblocks to whistleblower suits brought by state employees. State Board of Chiropractic Examiners v. Sup. Ct., (2009) 45 Cal.4th 963. The Court held that state employees who complain of retaliation for reporting improper governmental activity may sue for damages under the California Whistleblower Protection Act without first exhausting all administrative remedies. The ruling clarifies that the only prerequisite to a damages action under the Act is that a complaint be filed with the State Personnel Board and that the board issue, or fail to issue, findings. Thus the employee is not required to pursue additional administrative remedies or seek review of the board’s findings before pursuing a claim for civil damages. State employees may now seek damages in court under the Act as soon as the SPB issues its findings, even where the board has found the complaint lacks merit.

The ruling here does not apply to employees at California’s public universities. Those employees are subject to different whistleblower procedures, and must submit their complaints to their university- employer. Last year in Miklosy v. University of Cal., 44 Cal.4th 876, the Supreme Court ruled that university employees may not file a whistleblower complaint in state court where the university has timely responded to the employee’s complaint.

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