4601. Protcected Disclosure State Employee CA Whistleblower Protection Act Essential Factual Elements

4601. Protected Disclosure by State Employee--California Whistleblower Protection Act--Essential Factual Elements (Gov. Code, §8547.8(c)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] made a protected disclosure in good faith and that [name of defendant] [discharged/specify other adverse action] [him/her] as a result. In order to establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] [specify protected disclosure, e.g., reported waste, fraud, abuse of authority, violation of law, threats to public health, bribery, misuse of government property]; That [name of plaintiff]'s communication [disclosed/ [or] demonstrated an intention to disclose] evidence of [an improper governmental activity/ [or] a condition that could significantly threaten the health or safety of employees or the public]; That [name of plaintiff] made this communication in good faith [for the purpose of remediating the health or safety condition]; That [name of defendant] [discharged/specify other adverse action] [name of plaintiff]; That [name of plaintiff]'s communication was a contributing factor in [name of defendant]'s decision to [discharge/other adverse action] [name of plaintiff]; and That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. 5. 6. 7. _________________________________________________________________________________________________________ New December 2014; Renumbered from CACI No. 2442 and Revised June 2015