California employers may not punish employees for disclosing information about conduct an employee reasonably believes is unlawful to, among others, another employee with the power to address the arguable misconduct. But is an employee’s job protected under California Labor Code section 1102.5, the employee whistleblower law, if the employee reports that suspected illegality to someone already aware of it? Lower California courts were split on that question.
The California Supreme Court unanimously ruled recently in People ex rel. Garcia-Brower that an employer cannot retaliate against an employee for disclosing information of a reasonably suspected violation of the law even if the employee makes that disclosure to someone who knew of it.
The case was brought by California Labor Commissioner Lilia Garcia-Brower on behalf of a former bartender, identified in the opinion only as A.C.R, of Kolla’s Inc., an Orange County nightclub. When A.C.R. complained to the club’s owner she had not been paid for her previous three shifts, the owner threatened to report A.C.R. to immigration authorities, fired her, and told her never to return to the club.
The owner of the nightclub unquestionably had the authority to remedy A.C.R.’s complaint he had unlawfully failed to pay her. But the owner also unquestionably knew he had engaged in that unlawful conduct. Did the owner and club violate a law prohibiting retaliation “for ...
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