Miklosy v. Regents of the University of California

Opinion

KENNARD, J.

The California Whistleblower Protection Act (Gov. Code, § 8547 et seq.)1 (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,…