Leibert v. Transworld Systems, Inc

In Leibert v. Transworld Systems, Inc. (1995) 32 Cal.App.4th 1693, the trial court had sustained defendant's demurrer to claims made under Labor Code whistleblower protection statutes because plaintiff had not exhausted his administrative remedies. Plaintiff had also asserted a claim for discharge in violation of public policy. The question was whether "an aggrieved employee must exhaust administrative remedies prior to bringing a nonstatutory claim." (Id. at p. 1704.) The court concluded that "section 98.7 administrative remedies are not exclusive and that, generally, exhaustion of theses remedies is not required before instituting a civil suit alleging certain nonstatutory claims." (Ibid.) Plaintiff was therefore entitled to pursue his nonstatutory tort claim for wrongful discharge in violation of public policy.