Adishian Law Group, P.C. founder and California Attorney Chris Adishian answers the question: “Are perceived whistleblowers protected under California law?”

Transcript

Under the California Whistleblower Statute 1102.5, actual whistleblowers, people who actually blew the whistle, are protected, and so are perceived whistleblowers. For example, if management believes that an employee blew the whistle on some violation, but the employee actually did not, and they mistakenly fired the employee because they believed the employee had made the report, that employee has protection under the Retaliation Statute under the Whistleblower Statute.

Adishian Law Group, P.C. founder and California Attorney Chris Adishian explains the recent change in California’s Whistleblower Statute, California Labor Code 1102.5.

Transcript

As of January 1st, 2014, there was a significant change in the California Whistleblower Statute which is California Labor Code 1102.5, and the real significant change is it changed the definition of who is a whistleblower, and entitled to protection. Prior to January 1st, 2014, in order to be a whistleblower under the statute, you had to make a disclosure of a violation or alleged violation to a government agency or a law enforcement agency. But after January 1st, 2014, the whistleblower can be entitled to protection. The employee only needs to make the disclosure to his manager or someone with authority at the company for investigating alleged violations.