What is the test for termination for refusing to violate a statute?

California, United States of America


The following excerpt is from Gillis v. Warner Bros. Home Entm't. Inc., B231922 (Cal. App. 2012):

into four categories: termination for (1) refusing to violate a statute; (2) performing a statutory obligation; (3) exercising a constitutional or statutory right or privilege; and (4) reporting a statutory violation for the benefit of the public. (Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 76.) The public policy must be "'tethered to' either a specific constitutional or statutory provision," it "must be 'public' in that it 'affects society at large' rather than the individual, must have been articulated at the time of discharge, and must be '"fundamental"' and '"substantial."' [Citations.]" (Ibid.)

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