4605. Whistleblower Protn Health or Safety Complaint Essential Factual Els (Lab. Code, § 6310)

Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] [discharged/[other adverse employment action]] [him/her] in retaliation for [his/her] [specify, e.g., complaint to the Division of Occupational Safety and Health regarding unsafe working conditions]. In order to establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of plaintiff] was an employee of [name of defendant]; [That [name of plaintiff] on [his/her] own behalf or on the behalf of others, [select one or more of the following options;] [made [an oral/a written] complaint to [specify to whom complaint was directed, e.g., the Division of Occupational Safety and Health] regarding [unsafe/unhealthy] working conditions;] [or] [[initiated a proceeding/caused a proceeding to be initiated] relating to [his/her [or] another person's] rights to workplace health or safety;] [or] [[testified/was about to testify] in a proceeding related to [his/her [or] another person's] rights to workplace health or safety;] [or] [exercised [his/her [or] another person's] rights to workplace health or 4605. Whistleblower Protection--Health or Safety Complaint--Essential Factual Elements (Lab. Code, §6310) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 safety;] [or] [participated in a workplace health and safety committee;] 3. 4. That [name of defendant] [discharged/other adverse employment action] [name of plaintiff]; That [name of plaintiff]'s [specify] was substantial motivating reason for [name of defendant]'s decision to [discharge/other adverse employment action] [name of plaintiff]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 5. 6. ________________________________________________________________________________ New December 2015; Revised December 2016