Employee with Mistaken Legal Theory May Pursue Labor Code Section 1102.5 Whistleblower Retaliation Claim if the Employee Reasonably Believes the Employer’s Conduct was Unlawful
In a case that went from a jury verdict in favor of the employee to a judgment notwithstanding the verdict in favor of the employer, a California appellate court held this month that an employee could prevail on a whistleblower claim pursuant to Labor Code section 1102.5(b), notwithstanding the fact that the underlying conduct about which the employee claimed was not unlawful, because the employee had reasonable cause to believe the employer’s conduct violated the law, shared his concerns about the perceived violation with his employer, and was terminated for doing so.
California Labor Commissioner Model Whistleblower Protection Notice Available to Employers
As 2024 came to an end, the California Labor Commissioner published its model notice regarding California’s whistleblower laws. Employers who post this notice as outlined are deemed to be in compliance with their obligation to prominently display information for employees about their whistleblower protection rights and responsibilities.