Robinson v. Compton Unified School Dist. CA2/1
Eric Robinson, a police officer for the Compton School Police Department, filed two grievances with the Personnel Commission of the Compton Unified School District (the District) after the police chief selected another candidate for promotion to school police sergeant. When he still was not promoted after filing these grievances, Robinson filed a whistleblower lawsuit alleging retaliation in violation of Labor Code section 1102.5 (section 1102.5). That statute prohibits an employer from retaliating against an employee for disclosing information concerning a violation of “state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation . . . .” (§ 1102.5, subd. (b).)
We affirm summary judgment in favor of the District for two independent reasons. First, Robinson’s failure to file a government claim prior to filing his lawsuit bars the whistleblower claim before us.
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