SHUER

SHUER v. County of San Diego

Good Law
11 Cal. Rptr. 3d 776·117 Cal. App. 4th 476·2004 Cal. App. LEXIS 439·2004 Daily Journal DAR 4100·21 I.E.R. Cas. (BNA) 561
Court of Appeal of CaliforniaApril 2, 2004D041925California3,676 words

Opinion

Opinion

Benke, J.

Plaintiff and appellant Dr. Marjorie Shuer sued defendant and respondent County of San Diego (county) for wrongful termination from her position as a supervising psychiatrist. County demurred, arguing Shuer had failed to exhaust administrative remedies. The demurrer was granted. Shuer’s case was dismissed. She appeals.

BACKGROUND

A. Complaint

1. Termination

In a first amended complaint Shuer, representing herself, alleged causes of action for wrongful termination in violation of Business and Professions Code Section 2056, subdivision (c), and unlawful retaliation in violation of Labor Code section 1102.5, subdivision (b). Business and Professions Code section 2056, subdivision (c) states that the termination of a physician for advocating for medically appropriate health care violates public policy. Labor Code section 1102.5, subdivision (b) makes it unlawful for an employer to retaliate against an employee for disclosing information to a government agency when the employee reasonably believes the information discloses a violation of law.

The complaint alleged that in November 2000, Shuer, a licensed psychiatrist, began working on a probationary basis for the County…

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