4603. Whistleblower Protection Essential Factual Elements (Lab. Code, § 1102.5)

4603. Whistleblower Protection--Essential Factual Elements (Lab. Code, § 1102.5) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] [discharged/[other adverse employment action]] [him/her] in retaliation for [his/her] [disclosure of information of/refusal to participate in] an unlawful act. In order to establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of defendant] was [name of plaintiff]'s employer; [That [name of defendant] believed that [name of plaintiff] [had disclosed/might disclose] to a [government agency/law enforcement agency/person with authority over [name of plaintiff]/ [or] an employee with authority to investigate, discover, or correct legal [violations/noncompliance]] that [specify information disclosed];] [or] [That [name of plaintiff] [provided information to/testified before] a public body that was conducting an investigation, hearing, or inquiry;] [or] [That [name of plaintiff] refused to [specify activity in which plaintiff refused to participate];] 3. [That [name of plaintiff] had reasonable cause to believe that the information disclosed [a violation of a [state/federal] statute/[a violation of/noncompliance with] a [local/state/federal] rule or regulation];] 2730. Whistleblower Protection--Essential Factual Elements (Lab. Code, § 1102.5) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [or] [That [name of plaintiff] had reasonable cause to believe that the [information provided to/testimony before] the public body disclosed [a violation of a [state/federal] statute/[a violation of/noncompliance with] a [local/state/federal] rule or regulation];] [or] [That [name of plaintiff]'s participation in [specify activity] would result in [a violation of a [state/federal] statute/[a violation of/noncompliance with] a [local/state/federal] rule or regulation];] 4. 5. That [name of defendant] [discharged/[other adverse employment action]] [name of plaintiff]; That [name of plaintiff]'s [disclosure of information/refusal to [specify]] was a contributing factor in [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. 6. 7. [The disclosure of policies that an employee believes to be merely unwise, wasteful, gross misconduct, or the like, is not protected. Instead, [name of plaintiff] must have reasonably believed that [name of defendant]'s policies 2730. Whistleblower Protection--Essential Factual Elements (Lab. Code, § 1102.5) 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 violated federal, state, or local statutes, rules, or regulations.] [It is not [name of plaintiff]'s motivation for [his/her] disclosure, but only the content of that disclosure, that determines whether the disclosure is protected.] [A disclosure is protected even though disclosing the information may be part of [name of plaintiff]'s job duties.] ________________________________________________________________________________ New December 2012; Revised June 2013, December 2013; Revoked June 2014; Restored and Revised December 2014; Renumbered from CACI No. 2730 and Revised June 2015, June 2016