Calif. Whistleblower Decision Signals Change For Employers
Jul 3, 2023

CDF partner Alison Tsao and law clerk Sophia Jimenez author the article "Calif. Whistleblower Decision Signals Change For Employers" for Law360.  


"California Labor Code, Section 1102.5(b) prohibits employers from retaliating against "whistleblowing" employees for disclosing information about suspected violations of law to (1) a person with authority over the employee, (2) another employee who has the authority to investigate, discover or correct the violation, or (3) a government or law enforcement agency. Previously, California courts interpreted the term "disclosure" to require the revelation of something new, which effectively removed whistleblower protection for an employee who reported a violation that was already known to the employer. However, a recent decision by the California Supreme Court expands whistleblower protections to include an employee's report of a violation or suspected violation of the law regardless of whether the employer already knew of the violation. The ruling significantly broadens whistleblower protections for California employees, and as a result, employers should strengthen reporting procedures and clearly document any incident that may lead to disciplinary action of a protected employee."

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