California Court of Appeal

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McVeigh v. Recology San Francisco, A131833

Summary judgment for defendant-employer in whistleblower suit alleging wrongful termination for reporting fraud is: 1) affirmed in part, where plaintiff did not demonstrate that the fraud alleged in one of his causes of action under the California False Claims Act involved possible financial harm to the state; and 2) reversed in part, where, plaintiff alleged possible fraud on the government that caused it economic harm and his reporting of fraud was protected conduct; 3) reversed on the retaliation claim, where the Labor Code protects an employee from discrimination for reporting claims of illegal conduct by fellow employees as well as by an employer.

Appellate Information

  • Decided 01/31/2013
  • Published 01/31/2013

Judges

  • SIGGINS

Court

  • California Court of Appeal

Counsel