In its recent ruling in Killgore v. SpecPro Professional Services LLC, the U.S.
Court of Appeals for the 9th Circuit addressed disclosures protected by California’s whistleblower law.Aaron Killgore was a program manager for SpecPro. SpecPro assists government agencies in preparing reports required by the National Environmental Policy Act . Killgore worked on SpecPro’s contract with the U.S. Army Reserve Command to prepare an environmental assessment of a proposed modification of helicopter landing sites near Conroe, Texas. William Emerson was Killgore’s supervisor.
On June 22, 2017, following a meeting Emerson and his boss had with Caballero at which she again complained about Killgore’s failure to cooperate, Emerson fired Killgore for failing to meet company and customer expectations. The final environmental assessment was submitted in September 2017. The 9th Circuit concluded the statute does not require that the person to whom the disclosure is made both be a supervisorhave the authority to “investigate, discover, or correct” the alleged wrongdoing. “Killgore’s disclosures to Emerson — as a ‘person with authority over the employee’ — provided an independent ground for asserting a whistleblower retaliation claim under section 1102.5.”
The 9th Circuit found the trial court erred in finding Killgore’s disclosures to Caballero were unprotected because those disclosures were part of Killgore’s normal duties and because Caballero was assertedly a wrongdoer in violating NEPA.
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