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An Employee Does Not Have To Identify A Specific Law That Was Potentially Violated In A Report To Be A Protected Whistleblower

An Employee Does Not Have To Identify A Specific Law That Was Potentially Violated In A Report To Be A Protected Whistleblower

June 7, 2019 by Mark H. Wagner

In Ross v. County of Riverside, the Court made clear that an employee suing on Labor Code Sec. 1102.5 for whistleblower retaliation was not required to jump through hoops as argued by the employer.  The Court found that a prosecutor (the employee) established a viable claim that he engaged in a protected activity for purposes of Labor Code Sec. 1102.5 where he showed that he disclosed information to people with authority over him which he reasonably believed disclosed a violation of or noncompliance with federal and state law applicable to criminal prosecutions and prosecutors. The Court noted that while the plaintiff did not expressly state in his disclosures that he believed the county was violating or not complying with a specific state or federal law, the Court ruled that section 1102.5 does not require such an express statement. It stated that the law requires only that an employee disclose information and that the employee reasonably believe the information discloses unlawful activity. 

This expensive interpretation is great for employees who want whistleblower status for protection. For more information, or if you need legal assistance, please contact the Wagner Legal Group, P.C. at (310) 857-5293 or fill out our contact form on the website. ed Mentio

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