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
b.Provides no protection for private-sector employees
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 first obtain a court order before reporting

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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