California Supreme Court Determines Method for Evaluating Whistleblower Retaliation Claims
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In recent news, the California Supreme Court considered the question of how best to evaluate whistleblower retaliation claims.
The Case: Wallen Lawson v. PPG Architectural Finishes, Inc.
The Court: Ninth Circuit Central District of California
The Case No.: 8:18-cv-00705-AG-JPR
The Ruling: Wallen Lawson v. PPG Architectural Finishes, Inc.
In a unanimous ruling, the California Supreme Court decided that California courts should adhere to California law when considering claims of workplace retaliation instead of what is referred to as the “well-worn” framework the U.S. Supreme Court established. The framework established by the U.S. Supreme Court puts the final burden to prove intentional discrimination on the worker. The new ruling by the California Supreme Court states that a California employee only needs to prove that an act of whistleblowing was a “contributing factor” to the employer’s decision to terminate their job, demote them or take disciplinary action.
What the Ruling Means: Wallen Lawson v. PPG Architectural Finishes, Inc.
Under the new standard, the whistleblowing only needs to be one reason - it could be the only reason, but it could be one of many reasons - that an employee is fired from their job. Under the previously accepted standard, the whistleblowing act needed to be shown to be the sole reason or the “real” reason for the adverse action. The California Supreme Court’s ruling essentially made it easier for California whistleblowers to win when they file a wrongful termination lawsuit or other California retaliation lawsuit after they “blow the whistle” on their employer for illegal acts, practices, or policies.
The Case: Wallen Lawson v. PPG Architectural Finishes, Inc.
The California Supreme Court’s opinion was penned by Justice Leondra Kruger in response to a question posed by the Ninth Circuit Court of Appeals regarding which evidentiary standard should apply when they evaluate whistleblower retaliation claims. The Ninth Circuit Court of Appeals was, at the time they posed the question, considering a workplace retaliation claim brought by Walen Lawson, a territory manager for Lowe’s home improvement stores in Southern California.
If you have questions about California employment law or if you need to file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
