At a Glance
- Court of Appeal confirms employee is not prevailing party in whistleblower retaliation claim where employer would have made the “same decision” to terminate regardless of whistleblower status.
- California Supreme Court confirms that Labor Code whistleblower protections cover “employees” only.
Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery under Labor Code section 1102.5 et seq., California’s whistleblower retaliation law. The California Supreme Court clarified who is an employee entitled to whistleblower protection under the statute.
“Same-Decision” Defense Under Whistleblower Statute
Section 1102.5, in part, prohibits retaliation by employers against an employee:
for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or...
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