How to Respond to a Whistleblower

When it comes to a whistleblowing employee, how the employer responds can make all the difference. An inappropriate response can put an employer in legal jeopardy. Let’s start off with how not to respond to a whistleblower. Under Lab C §1102.5(a)–(d), an employer may not: Make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower; Retaliate against a whistleblower; Retaliate against an employee for refusing to participate in an activity that would result in either a violation of a state or federal statute or a violation or noncompliance with a state or federal rule or regulation; or Retaliate against an employee for exercising the rights of a whistleblower in any former employment. To establish a prima facie case of retaliation under Lab C §1102.5(d), the employee needs to show that (1) he or she engaged in protected activity; (2) the employer subjected him or her to an adverse employment action; and (3) there…

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