Communication & PRQuestion 160 of 200

A security officer observes a fellow guard pocketing items from a recovered shoplifting incident. The officer reports the conduct to the supervisor and to BSIS. California Labor Code §1102.5 generally:

a.Allows the employer to terminate the reporting officer immediately, since going outside the company breaches the duty of loyalty an employee owes
b.Provides no protection at all for private-sector employees, because the statute reaches only public agencies
c.Prohibits the employer from retaliating against an employee for disclosing a reasonably believed violation of state or federal law to a supervisor or government agency
d.Requires the reporting officer to obtain a court order before making any report to a government agency, so that the disclosure is judicially authorised in advance of it being made

Explanation

California Labor Code §1102.5 (amended significantly in 2014 and updated thereafter) prohibits employers from retaliating against employees who disclose information they reasonably believe shows a violation of state or federal statute or regulation, to a person with authority to investigate or correct the violation — including supervisors and government agencies such as BSIS. Remedies include reinstatement, back pay, and civil penalties. Retaliation (a) is itself unlawful; the statute applies to private employers (b); no court order is needed (d). Reporting unethical conduct is consistent with BSIS ethical duties.

Law Reference: California Labor Code §1102.5 (whistleblower protections)

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