Legal Question in Education Law in California

Notice of release from management position

Is there any recourse at all if a notice of release from a management position is received? There where no evaluations, documentations, etc. The person was a ''whistleblower'' regarding a misuse of funds in the district and this appears to be the reason for the notice.


Asked on 3/13/08, 10:54 pm

1 Answer from Attorneys

Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Notice of release from management position

Yes, there is recourse in the form of a wrongful termination lawsuit. The Whistleblower statute is Labor Code section 1102.5, and there are a myriad of other sections that should be analyzed for use as well.

Since you say "district," it appears that the potential defendant may be a public entity. If so, beware of the California Tort Claims Act, which requires you to exhaust the administrative remedies of the agency you seek to sue. There is a shortened time frame in which to do this.

You should consult an employment lawyer in your area for further guidance.

Good luck.

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Answered on 3/14/08, 1:46 am


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