• Kevin Salute

No Express Statement of Violation of Law Necessary for CA Whistleblower Claim


New case law in California provides that employees do not have expressly state in his or her disclosures to his superiors that he believed their employer is violating or not comply complying with a specific state or federal law. Nothing in the California Labor Code provides for such a statement. The Labor Code requires only that an employee reasonably believe the information discloses unlawful activity. Furthermore, an employee engages in protected activity under the statute when the employee discloses reasonably based suspicions of illegal activity. To have a reasonably based suspicion of illegal activity, the employee must be able to point to some legal foundation for his suspicion—some statute, rule or regulation which may have been violated by the conduct he disclosed. Retaliation for disclosing unlawful conduct violates California law.

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