Blowing the Whistle at Work Grants Whistleblower Protection, Even if You’re Not Blowing the Whistle About Your Boss
October 14, 2015 by Andrew Baker
Dental hygienist Rosa Lee Cardenas received an expensive new wedding ring from her husband to celebrate their 25th wedding anniversary. Rosa Lee lost her wedding ring at work, under circumstances that led her to suspect a co-worker had taken it. Rosa Lee filed a police report, which resulted in the police visiting the dental office to investigate. The dentist complained to Rosa Lee about the tension the police visit had caused in the office, and fired her. The next day the ring was “found” at the dental office.
Rosa Lee sued the dentist, complaining that he had fired her in violation of California’s whistleblower protection law. California Labor Code Section 1102.5 provides that an employer “shall not retaliate against an employee for disclosing information … to a government or law enforcement agency … if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute.”
The dentist argued that Rosa Lee was not protected by this law because the police report she filed complained about (a) alleged misconduct by a co-worker, and not by the employer, and (b) something that was purely an individual concern of Rosa Lee’s, and not something of public interest or concern. The Court of Appeal in a decision issued October 1, rejected both arguments and upheld a jury verdict in favor of Rosa Lee. Cardenas v. M. Fanian, DDS, Inc. The Court concluded that the plain language of Section 1102.5 applied to Rosa Lee’s police report, and that accepting the dentist’s argument would require an inappropriate addition of language to the statute.
When she filed the police report, Rosa Lee undoubtedly did not think she was “blowing the whistle” on the dentist – she didn’t allege he had done anything wrong – and just wanted to get her wedding ring back. Nevertheless, when the dentist fired Rosa Lee for making the complaint, California’s whistleblower protection law was available to help her.
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