Employment Law Blog

Filter:  Boston v. Penny Lane Centers Inc.

Whistleblowing and Hazardous Working Conditions

To establish a prima facie case of retaliation, a plaintiff must show that (1) they engaged in a protected activity, (2) that they were thereafter subjected to adverse employment action by their employer, and (3) there was a causal link between the two.  Iwekaogwu v. City of Los Angeles, 75 Cal.App.4th 803, 814 (1999), quoting Flait v. North American Watch Corp., 3 Cal.App.4th 467, 476 (1992).

In order to be protected against discharge, a complainant need only make a good faith complaint about working conditions that they believes to be unsafe. Cabesuela v. Browning-Ferris Industries of California, Inc., 68 Cal.App.4th 101, 1009 (1998) [emphasis added].  An employer is prohibited from retaliating against a complainant who made “a bona fide oral or written complaint to [their] employer of unsafe working conditions, or work practices, in [their] employment or place of employment.” Labor Code § 6310(b) [emphasis added].

READ MORE