Can an employer retaliate against an employee for disclosing information to a government or law enforcement agency?

California, United States of America


The following excerpt is from Navarro v. Cnty. of San Bernardino, E059429 (Cal. App. 2015):

employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation." Section 1102.5, subdivision (d), states that an employer may not retaliate against an employee for having exercised his rights under subdivision (a), (b), or (c) in any former employment. "The elements of a section 1102.5(b) retaliation cause of action require that (1) the plaintiff establish a prima facie case of retaliation, (2) the defendant provide a legitimate, nonretaliatory explanation for its acts, and (3) the plaintiff show this explanation is merely a pretext for the retaliation." (Patten v. Grant Joint Union High School Dist. (2005) 134 Cal.App.4th 1378, 1384.)

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