Can an employee who reports to a government agency that other employees or their employer are violating the law be considered a whistleblower?

California, United States of America


The following excerpt is from Cardenas v. M. Fanaian, D.D.S., Inc., 194 Cal.Rptr.3d 1, 240 Cal.App.4th 1167 (Cal. App. 2015):

government agency that other employees or his employer are violating the law [citations]. (Gonzalez v. Superior Court(1995) 33 Cal.App.4th 1539, 1545, fn. 4, 39 Cal.Rptr.2d 896.) Neither lawyers nor laypersons understand the term whistleblower to refer to a person who reports any violation of law regardless of how, under what circumstances, or by whom committed, and without consideration of whether the illegal activity impacts anyone besides the person reporting it. If that were the case, all reports of unlawful activity made to police would be considered whistleblowing, which is an absurd proposition. Former section 1102.5does not actually use the term whistleblower, but its uncodified preamble provides clear guidance as to the type of reporting that is and is not protected by the statute. I do not believe the statute can reasonably be interpreted as extending protection to matters of a purely private and personal interest that have no meaningful relationship to the employer's business activities and are uniquely important to the employee who has reported a suspected violation of law.

Other Questions


Can an employee who reports to a government agency that other employees or their employer are violating the law be considered a whistleblower? (California, United States of America)
Is an employee's disclosure to their employer a disclosure to a government or law enforcement agency if the employer is a government agency? (California, United States of America)
What is the current state of California Labor Code version of retaliation against an employee who reports to a government agency? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Can an employer retaliate against an employee for disclosing information to a government or law enforcement agency? (California, United States of America)
What is the current state law governing a public employee's challenge to the degree of punishment imposed by a public agency due to employee misconduct? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
Can an employer retaliate against an employee for disclosing information to a government or law enforcement agency? (California, United States of America)
When an employee alleges that his or her employment has been terminated in violation of public policy, can they bring a claim against the employer for wrongful dismissal? (California, United States of America)
Can an employer compel an employee to arbitrate their claim against the employer in arbitration? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.