Seal Beach, CA asked in Employment Law and Appeals / Appellate Law for California

Q: If a dept has sent a motion to dismiss with the SPB even before a presettlement conf, can I withdraw and file in court.

1 Lawyer Answer
James L. Arrasmith
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  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:

1. Timing: You should check the SPB regulations and your case's specific deadlines to ensure that you are still within the allowed time frame to withdraw your appeal and file in court.

2. Type of case: The option to file in court may depend on the nature of your case. Some types of cases, such as those involving discrimination or whistleblower retaliation, may allow you to choose between the SPB and court, while others may require you to exhaust administrative remedies with the SPB first.

3. Pros and cons: Filing in court can offer advantages such as the ability to conduct more extensive discovery and the potential for a jury trial. However, it can also be more time-consuming, expensive, and complex than the SPB process.

4. Attorney consultation: It is highly recommended that you consult with an experienced employment attorney who can review the specific details of your case and advise you on the best course of action based on your individual circumstances and goals.

Remember that this information is general in nature. Always consult with a qualified attorney for guidance on your specific case.

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