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Friday, January 8, 2016

Cardenas v. M. Fanaian, D.D.S.: Cal. Supreme Court Grants Review in Labor Code Section 1102.5 Retaliation Case

In Cardenas v. M. Fanaian, D.D.S., Inc. (Cal.App. 10/1/15) (discussed here), the Court of Appeal held as follows: a retaliation action under Labor Code section 1102.5 exists independently of, and does not depend upon, an action for wrongful termination in violation of public policy; section 1102.5 does not require the employee to show that the allegedly illegal activity violates a policy that "inures to the benefit of the public at large rather than to a particular employer or employee;" and section 1102.5 also does not require the employee to show that the alleged illegal activity involved wrongdoing by the employer.

The California Supreme Court granted review on December 16. The Court's web page for Cardenas is here. It is case number S230533. As always, you can request email notifications of the proceedings on the Court's web site. 

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