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Clear and Convincing or Preponderance of the Evidence: What's a Workplace Investigator to Do?
California Labor & Employment Law Review - Volume 36, Issue 3
The recent California Supreme Court decision in Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) held that Cal. Lab. Code1 § 1102.6, and not the traditional McDonnell Douglas v. Green burden-shifting test, supplies the applicable framework for litigating and adjudicating section 1102.5 whistleblower claims. The Lawson holding has created a quandary for workplace investigators on the standard for evaluating whistleblower retaliation.
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