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Cardenas v. M. Fanaian, D.D.S., Inc.

Articles Discussing Case:

Filing of Police Report Accusing Coworker of Stealing Deemed Protected Activity by California Court

Ogletree Deakins • November 12, 2015
It is generally understood that an employer may not retaliate against an employee for “whistleblowing” and alerting authorities that a business has engaged in unlawful activity. Is an employee also protected against retaliation when he or she reports a coworker to the police for suspected theft of personal property? A recent California Court of Appeal published decision, Cardenas v. M. Fanaian, D.D.S., Inc., concluded that the California Labor Code does protect such activity.

The California Court of Appeal Broadens Anti-Retaliation Rules for Employers

Goldberg Segalla LLP • October 20, 2015
In Cardenas v. M. Fanaian, D.D.S., Inc., the 5th District of the California Court of Appeal held that Labor Code § 1102.5 prohibits an employer from retaliating against an employee who discloses information to a law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation of state or federal law. The Court clarified that section 1102.5 protects employees even where the report to law enforcement concerns a violation of law committed by a fellow employee or contractor, and not by the employer.