[DOWNLOAD] "Miklosy v. Regents of the University of California" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Miklosy v. Regents of the University of California
- Author : Colorado Supreme Court
- Release Date : January 31, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 102 KB
Description
The California Whistleblower Protection Act (Gov. Code, 8547 et seq.) (hereafter the Whistleblower Act or the Act) prohibits retaliation against state employees who "report waste, fraud, abuse of authority, violation of law, or threat to public health" (8547.1). The Act authorizes "an action for damages" to redress acts of retaliation. (8547.8, subd. (c), 8547.10, subd. (c), 8547.12, subd. (c).) But in the case of retaliation against a University of California employee, the Act provides that "any action for damages shall not be available . . . unless the injured party has first filed a complaint with the [designated] university officer . . . , and the university has failed to reach a decision regarding that complaint within the time limits established for that purpose by the regents." (8547.10, subd. (c), italics added.) We conclude, as did the Court of Appeal, that this statutory language means what it says, precluding a damages action when, as here, the University of California has timely decided a retaliation complaint.