Can an employer retaliate against an employee for disclosing information to a person with authority over the employee?

MultiRegion, United States of America

The following excerpt is from Trujillo v. Skaled Consulting, LLC, 21cv1106-CAB-BGS (S.D. Cal. 2021):

California Labor Code Section 1102.5(b) prevents an employer from retaliating against an employee for disclosing information 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 a state, federal, or local law. To establish a prima facie case for retaliation under Section 1102.5, an employee must show that (1)[s]he engaged in protected activity, (2) [s]he was thereafter subjected to an adverse employment action by [her] employer, and (3) there was a causal link between the protected activity and the adverse employment action. Morgan v. Regents of the Univ. of Cal., 105 Cal.Rptr.2d 652, 666 (Ct. App. 2000).

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