What is the rule of law when whistleblowing?
The rule of law when whistleblowing in California follows the California Whistleblower Protection Act (CWPA). Under this Act, it is illegal for employers to retaliate against employees who disclose information to the government or a law enforcement agency regarding a violation of state or federal law. It also protects employees who report fraudulent activities to a supervisor or employer. In order to be protected under the CWPA, the employee must have reasonable and good faith belief that the information disclosed is accurate and/or true. The CWPA also prohibits employers from engaging in retaliatory action if the employee makes a complaint in good faith and believes it is their moral or legal duty to report. Additionally, the CWPA prohibits employers from retaliating against an employee for assisting in a public or governmental investigation or for testifying at an inquiry or proceeding. Furthermore, the CWPA also requires employers to provide an employee with a written warning of the potential for retaliatory action prior to taking any such action. Employees must also be given an opportunity to correct any errors or misconduct before disciplinary action is taken. Additionally, retaliatory action against employees is prohibited if the employee merely expresses their opinion or belief in good faith. The CWPA is designed to ensure that employees are protected against employer retaliation for speaking out against illegal activity and misconduct. It is important for employers to abide by the CWPA in order to ensure that employees are able to whistleblow without fear of retribution.
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