• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Employing agency determines where public employees’ whistle-blower suits will be heard

by on
in Employment Law,HR Management,Human Resources,Leaders & Managers,Management Training,Performance Reviews

The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for.

  • Regular state employees can sue if they first ask for a ruling from the State Personnel Board.
  • California State University employees can sue if the State Personnel Board either issues a finding or fails to do so within 18 months; the courts are an additional remedy in those cases.
  • Employees of the University of California can sue only if the university’s internal review board doesn’t decide the case. In other words, the University of California can essentially end a whistle-blower suit by deciding that no whistle-blowing took place.

Recent case: Les Miklosy and Lucinda Messina were computer scientists for the University of California, working at the Lawrence Livermore National Laboratory. They repeatedly told management there were serious problems with the way the lab was testing nuclear weapons technology. Miklosy was fired, and Messina quit after she believed she also was being forced out.

Both filed internal whistle-blower complaints, alleging they had been punished for complaining about safety issues. An internal investigation concluded there was nothing to their retaliation claims. It found Miklosy had been fired for performance problems, while Messina was never fired.

Both then sued, alleging retaliation. The California Supreme Court upheld the dismissal of their lawsuit, pointing out that the part of the California Whistleblower Act that applied to University of California employees guaranteed an internal review and lawsuit only if the university didn’t make a quick decision. Otherwise, the university had the last word. (Miklosy & Messina v. Regents of the University of California, et al., No. S139133, California Supreme Court, 2008)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/6070/employing-agency-determines-where-public-employees-whistle-blower-suits-will-be-heard "

Leave a Comment