Taswell v. The Regents of the Univ. of Cal., 23 Cal. App. 5th 343 (2018)
Carl Taswell, M.D., alleged he was retaliated against for his whistleblowing activities regarding patient safety at the brain imaging center during his employment with the University of California, Irvine. Prior to commencing his civil action, Taswell filed an internal complaint for whistleblower retaliation and initiated a grievance procedure…
Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014)
Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public policy that resulted from the director’s mistaken belief that Diego had lodged a complaint with the California Department of Social Services, which resulted in an unannounced inspection of the preschool. The…
Lawson v. FMR LLC, 571 U.S. ___, 134 S. Ct. 1158 (2014)
Plaintiffs in this case are former employees of private companies that contract to advise or manage mutual funds (collectively, “FMR”). Both plaintiffs allege that they “blew the whistle” on putative fraud relating to the mutual funds and as a result suffered retaliation from FMR. Plaintiffs filed suit in federal court alleging violations…
On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications.
Background
Radiologist Scott Driscoll worked for physician Todd Spencer and his medical practice, the Todd…
On October 12, 2013, California Governor Jerry Brown signed into law SB 496, which, along with two other new laws (SB 666 and AB 263), expands protections for whistleblowers in California by significantly altering California Labor Code Section 1102.5, California’s general whistleblower statute. The amendments are effective January 1, 2014.
Before it was amended, Section 1102.5 already prohibited employers from retaliating against…
McVeigh v. Recology San Francisco, 213 Cal. App. 4th 443 (2013)
Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for recycled materials. McVeigh asserted claims under the California False Claims Act and Labor Code § 1102.5. The trial court granted summary judgment…
Mokler v. County of Orange, 157 Cal. App. 4th 121 (2007)
Pamela Mokler was employed as the executive director of the County’s Office on Aging (“OoA”). Following her termination, she sued the County for breach of contract, wrongful termination, hostile work environment and unlawful retaliation under Labor Code § 1102.5 (the “whistleblower statute”). The jury awarded Mokler $14,089.60 in past economic damages and $1,681,823…
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