Whistleblower Compliance

California Whistleblower Retaliation Law

The California Whistleblower Protection Act, (Government Code Section 8547.12) prohibits retaliation against a CSU employee, former employee, or applicant for employment for making a good faith communication that discloses (1) improper governmental activity or (2) any condition that may significantly threaten the health or safety of employees or the public if the purpose is to remedy that condition.

Government Code Section 8547.1 states:

"The Legislature finds and declares that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution."

Government Code Section 8547.12 states:

a)
A California State University employee, including an officer or faculty member, or applicant for employment may file a written complaint with his or her supervisor or manager, or with any other university officer designated for that purpose by the trustees, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts for having made a protected disclosure, together with a sworn statement that contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint shall be filed within 12 months of the most recent act of reprisal complained about.
b)
Any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a California State University employee, including an officer or faculty member, or applicant for employment for having made a protected disclosure, is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for up to a period of one year. Any university employee, including an officer or faculty member, who intentionally engages in that conduct shall also be subject o discipline by the university.

Labor Code section 1102.5 states in pertinent part:

b)
An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
c)
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.

Disclaimer: This site is not intended nor offered as legal advice. These materials have been prepared for educational and informational purposes only. They are not legal advice or legal opinions on any specific matters. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, the author(s), or the publisher, and you or any other user. Internet subscribers and online readers should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site.

NOTE: Online documents are in Portable Document Format (PDF) and require Adobe Acrobat Reader to view, unless otherwise noted. Please contact Human Resources at (562) 951-4411 or send an e-mail to Human Resources to request a document in plain text format.