What is the burden of proof for a whistleblower claim?

The burden of proof for a whistleblower claim in California is the same as in most other states, namely that the whistleblower must prove their case by a preponderance of the evidence. This means that they must show that it is more likely than not that their allegations are true. This is a fairly low standard of proof, as it does not require the whistleblower to prove their case beyond a reasonable doubt, which is the standard for criminal cases. In order to prove their claim, the whistleblower must submit evidence that consists of direct or circumstantial testimony, documents, and other forms of evidence. Generally, the whistleblower must show that their employer retaliated against them for reporting illegal activities or that their employer took an adverse action against them in response to their whistleblowing activities. The burden of proof is important in whistleblower cases, as it is the legal standard by which the courts will evaluate the evidence and the plausibility of the whistleblower’s claims. It is therefore important that the whistleblower meet the burden of proof in order to be successful. If the whistleblower fails to meet the burden of proof, their case will likely be dismissed.

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