What is the test for alleging retaliation against a whistleblower?

California, United States of America


The following excerpt is from Pettiford v. Telezone, B227791 (Cal. App. 2012):

agency "'reasonably based suspicions' of illegal activity." (Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 86-87.) Telezone contends appellant cannot establish a prima facie case of retaliation under Labor Code section 1102.5, subdivision (b) because he has neither pled nor is there any evidence to indicate that appellant was retaliated against for complaining to any government entity about any of the alleged harassment or violation of the law. Telezone is correct. Appellant has no evidence that he was a "whistle blower" who was terminated because he reported illegal conduct to the authorities. Appellant complained only to his employer.

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