MCLE SELF-STUDY: CLEAR AND CONVINCING OR PREPONDERANCE OF THE EVIDENCE: WHAT’S A WORKPLACE INVESTIGATOR TO DO?

AUTHORS^*

Michael A. Robbins

Scott Barer

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,² supplies the applicable framework for litigating and adjudicating section 1102.5 whistleblower claims.³ The Lawson holding has created a quandary for workplace investigators on the standard for evaluating whistleblower retaliation.