How is a whistleblower protected from defamation?

A whistleblower is someone who reports illegal or unethical activity in the workplace. As such, they are often subject to defamation from their employer or other colleagues. Defamation is when someone makes false or damaging statements about another person which can damage their reputation or livelihood. Fortunately, California law offers protections for whistleblowers from defamation. California’s Whistleblower Protection Act prohibits employers from retaliating against whistleblowers, which includes defamation. Under this law, employers may not threaten, fire, or otherwise discriminate against an employee for reporting violations of the law or other unethical activity. It also gives the whistleblower the right to sue in court if they are a victim of defamation. Additionally, California has an Anti-SLAPP (Strategic Lawsuit Against Public Participation) law which helps protect whistleblowers from defamation. This law gives the right to file a “Motion to Strike” against anyone who sues a whistleblower who is engaged in public speech or petition activity. The Motion to Strike is used to dismiss the lawsuit, and the court can order the plaintiff to pay the defendant’s legal fees if the motion is successful. Therefore, California offers a number of protections for whistleblowers from defamation. These protections help ensure that whistleblowers are not silenced in their work and can continue to report any illegal or unethical activity without fear of retaliation.

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