Whistleblower Claim Should Not Have Been Dismissed In Part – Whistleblowing

To print this article, all you need to do is be registered or log in to Mondaq.com.

Killgore vs. SpecPro Prof’l Servs., LLC51 F.4e 973 (9th Cir. 2022)

While consulting on an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after reporting the alleged illegality to his supervisor and Army Reserve project manager Laura Caballero, who Killgore said gave the illegal directives. The district court granted SpecPro’s partial motion for summary judgment, but the Ninth Circuit vacated, finding that Killgore’s disclosure to his supervisor was actionable even though the supervisor to whom Killgore made the disclosure had not “the power to investigate, discover or correct the breach”. within the meaning of Cal. Lab. Code § 1102.5(b). The Court also held that Killgore’s disclosure to Caballero constituted an actionable disclosure to a “governmental agency” within the meaning of the statute, even though the disclosure was part of Killgore’s normal duties and that Caballero may have been a “malefactor” who was the subject of the disclosure. However, the Ninth Circuit upheld the denial of Killgore’s retaliation claim, finding that Killgore did not had not presented evidence that he refused to engage in illegal activity within the meaning of section 1102.5(c).

The whistleblower request should not have been denied in part

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

POPULAR ARTICLES ON: Employment and HR in the United States

An Updated Federal Overtime Rule: When Is It Coming?

Proskauer Rose LLP

Twice a year (in the spring and fall), each federal agency publishes a “regulatory agenda” that discloses the proposal and final rules it recently released, as well as those it plans…

Leave a Comment