Labor Code Section 1102.5(b) Encompasses A Report Of Unlawful Activities Made To An Employer Or Agency That Already Knew About The Violation
People ex rel. Garcia-Brower v. Kolla’s, Inc., 2023 WL 3575254 (2023)
In Mize-Kurzman v. Marin Community College Dist., 202 Cal.App.4th 832, 858 (2012), the Court of Appeal oddly held that whistleblower protections are not available for employees who disclose illegal conduct to the employer or to a government or law enforcement agency if the employer or government or law enforcement agency was already aware of the illegal conduct. In Kolla’s, the California Supreme Court rejected the reasoning in Mize-Kurzman and held that the Labor Code whistleblower retaliation statute does not require that a reported violation be unknown to the recipient.