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 Atere-Roberts v. City of L. A., B258691 (Cal. App. 2016):

Under Labor Code section 1102.5, subdivision (b), "an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency that the employee reasonably believes discloses a violation of, or noncompliance with, a state or federal statute or regulation" (Patten v. Grant Joint Union High School Dist. (2005) 134 Cal.App.4th 1378, 1384) "or a violation of or noncompliance with a local, state, or federal rule." (Lab. Code, 1102.5, subd. (b).) Here, there is no evidence that plaintiff engaged in protected activity, namely that she disclosed a violation or noncompliance with a state or federal statute, regulation, or rule. Thus, her claim fails as matter of law.

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