Q: Can I file and sue HR head who whistlblow retalation when I filed PERB gov employee against employer two years prior bu
Then found out in hearing my boss asked for me to contine abd claimed no misconduct but head of HR sent email (waved and sub but shows intent to commit crime under ed code 44113) I came in whistlblowing and how do they keep me away and fired me five days later. (one on hold pending writ for misclasification against employer whom reclassified 25 but me when I neg on their behalf and refused to settle bypassing prob status and jump to tenure. Under gov 822.2 and 950 I dont need to file claim to sue employee. But case law requires some form of notice to employer. But I gave notice via PERB but two years later when finally hearing find out hesd of HR when I though it could also be because of other reasons as did not know why.
Can I sue a gov employee? Within six months of finding out exactly who did it?
A:
You are asking a very complex question with a convoluted set of facts, on a public forum, which is not the best place for an answer. IMO- you need to have a consultation with an employment law attorney that specializes in public sector employment and whistleblower protection. It is also my opinion that if you are suing a government employee for actions performed in their official capacity, that you need to comply with the government claims statutes, which your question indicates that you are aware of.
Discuss this privately and fully with a local attorney.
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