Romero v. County of Kern (CA5 F088325 12/15/25) Whistleblower Retaliation | Exhaustion of Administrative Remedies – Employment Law Weekly

Romero v. County of Kern (CA5 F088325 12/15/25) Whistleblower Retaliation | Exhaustion of Administrative Remedies

Phyllis W. Cheng, Esq.

ADR Services Mediator, Former Director of the Department of Fair Employment and Housing (“DFEH”)

December 15, 2025

Plaintiff Anthony Romero appeals a judgment entered following the trial court’s grant of judgment on the pleadings in favor of his former employer, defendant County of Kern. The issue on appeal is whether Romero’s lawsuit against the County alleging his employment was terminated in retaliation for his whistleblower activities is barred by his failure to exhaust administrative remedies. We conclude that Romero was not required to exhaust administrative remedies provided under the County’s internal rules as those rules do not apply to his whistleblower retaliation claims. Accordingly, we reverse the judgment.

https://www4.courts.ca.gov/opinions/documents/F088325.PDF

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