Case Result: Published Appellate Victory for Whistleblower Retaliation Claim

Romero v. County of Kern
California Court of Appeal, Fifth Appellate District
Published Opinion

Pletcher Law, APC is proud to report a significant published appellate victory protecting the rights of public employees who report unlawful conduct.

Serving Of Counsel for Brock & Gonzales, attorney Andrew S. Pletcher successfully represented a public employee who alleged he was terminated in retaliation for whistleblowing activity. The trial court had dismissed the case on the ground that the employee failed to exhaust internal civil service remedies before filing suit.

On appeal, the California Court of Appeal reversed the dismissal, holding that public employees are not required to exhaust internal civil service appeals when those procedures do not provide a “clearly defined” administrative process for submitting, evaluating, and resolving whistleblower retaliation claims.

Why This Result Matters

• Confirms that whistleblower retaliation claims cannot be barred by ineffective internal appeal procedures

• Limits a common defense strategy used to dismiss retaliation cases at the pleading stage

• Strengthens protections for public employees under Labor Code sections 1102.5, 6310, and 98.6

• Establishes published appellate authority applicable statewide in California

The case was remanded to the trial court to proceed on the merits, allowing the employee's whistleblower retaliation claims to move forward.

Our Appellate Experience

Pletcher Law, APC regularly handles appellate matters and partners with trial firms in complex employment and civil litigation, including issues involving administrative exhaustion, statutory retaliation claims, and dispositive motions.

If you believe you were retaliated against for reporting unlawful conduct—or if you are a plaintiff-side attorney seeking appellate or law-and-motion support—we invite you to contact Pletcher Law, APC for a free consultation. 

📞 Call or text me at 805-630-3245
📩 Email: [email protected] 
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