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Thursday, December 5, 2013

MacDonald v. State of California: Cal. Supreme Court Depublishes Decision That Employee Must Exhaust Administrative Remedies Before Filing Retaliation Action

In MacDonald v. State of California (8/27/13) 219 Cal.App.4th 67 (discussed here), the Court of Appeal affirmed dismissal of an action for retaliatory discharge in violation of Labor Code section 1102.5 and retaliatory and discriminatory discharge in violation of Labor Code section 6310, holding that an employee must exhaust administrative remedies under Labor Code section 98.7 before filing suit in Court.

The California Supreme Court last week denied review of that decision, but ordered the Reporter of Decisions not to publish it in the Official Appellate Reports. In other words, the case has been depublished. As is typical, the Court did not explain its decision. 

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