Exhaustion of Administrative Remedies? Bring It Up Before Trial!

I sure don’t want to help out defendants in employment law cases, but if you have been sued by a former employee under FEHA, make sure the employee exhausted his/her remedies under FEHA before filing the lawsuit. If the employee failed to exhaust his/her administrative remedies, get the issue before the court before trial! File a demurrer or a motion for summary judgment.

But if you fail to do that, bring it up at trial.

If you fail to do that, then too bad, so sad, you have waived the issue.

That’s pretty much what the court said in this recent published opinion.

Esther Kim v. Konad USA Distribution, Inc., et al., 4th DCA, June 12, 2014.

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