In Chiropractic Examiners v. Superior Court (2009) 45 Cal.4th 963, the California Supreme Court adopted plaintiff's position and concluded that section 8547.8, subdivision (c) "means what it says: An employee complaining of whistleblower retaliation may bring an action for damages in superior court, but only after the employee files a complaint with the State Personnel Board and the board 'has issued, or failed to issue, findings.' So long as the board has issued findings (or the deadline for issuing findings has passed), the employee may proceed with a damages action in superior court regardless of whether the board's findings are favorable or unfavorable to the employee. Moreover, once the board has issued findings, the employee need not pursue additional administrative remedies and need not challenge the findings by way of a petition for a writ of administrative mandate." (Chiropractic Examiners, supra, 45 Cal.4th at p. 978.)