California’s whistleblower protection statute prohibits retaliation by an employer or anyone acting on the employer’s behalf. But does that mean an employee can sue a supervisor personally? In Chaudry v. State of California, A173501 (Sept. 28, 2026), a California Court of Appeal answered that question: individual managers and supervisors are not personally liable for retaliation under Labor Code section 1102.5. The published decision addresses an issue California appellate courts had not previously resolved under the statute’s current language.
The decision gives managers and supervisors a meaningful defense, but employers should remain vigilant in exercising best practices to prevent these claims from being filed against them.
Chaudhry worked as a dental assistant for the California Department of Corrections and Rehabilitation (CDCR). She alleged that management retaliated against her after she raised workplace safety concerns internally and with Cal-OSHA. According to her complaint, the retaliation included unwarranted criticism, a suspension without pay and benefits, and two dismissals.
The State Personnel Board overturned the first dismissal. After Chaudhry returned to work, she alleged that her supervisor obstructed her ability to perform her duties and that CDCR dismissed her again less than a month later. CDCR subsequently withdrew the second dismissal. Chaudhry resigned on the day she was scheduled to return, alleging that the repeated dismissals and...
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