Can an employer retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute?

That statute declares, "An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation." Retaliation claims under Labor Code section 1102.5 "require that (1) the plaintiff establish a prima facie case of retaliation, (2) the defendant provide a legitimate, nonretaliatory explanation for its acts, and (3) the plaintiff show this explanation is merely a pretext for the retaliation. [Citations.]" (Patten v. Grant Joint Union High School Dist. (2005) 134 Cal.App.4th 1378, 1384 [applying same test in whistleblowing action under Lab. Code, 1102.5, subd. (b)].)