Can an employee be held liable for disclosing information to a government or law enforcement agency?

California, United States of America


The following excerpt is from Okamoto v. City of Pasadena, B297559 (Cal. App. 2020):

information, to a government or law enforcement agency, to a person with authority over the employee, or another employee who has the authority to investigate, discover, or correct the violation or noncompliance . . . if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation." ( 1102.5, subd. (b).) In order to make a prima facie case for whistleblower liability under section 1102.5, subdivision (b), the employee must show that: (1) he made the type of disclosure described in the statute, and thus engaged in protected whistleblowing activity; (2) he was thereafter subject to an adverse employment action; and (3) there was a causal link between the protected activity and the adverse employment action.2 (Hager v. County of Los Angeles (2014) 228 Cal.App.4th 1538, 1540 (Hager).)

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