Mcveigh

Plaintiff Brian McVeigh appeals following the grant of summary judgment in favor of his former employer Recology San Francisco. 1 Recology provides waste collection, recycling and disposal services to San Francisco residents and businesses. McVeigh’s complaint alleged that Recology fired him in retaliation for his reporting possible fraud in connection with California redemption value payments made by and to Recology for recycled materials.

McVeigh’s whistleblower causes of action were brought under Government Code section 12653, part of California’s False Claims Act (CFCA) (Gov. Code, § 12650 et seq.), and Labor Code section 1102.5. Government Code section 12653 prohibits an employer from discriminating against an employee for acts taken to expose false claims presented to the government. Labor Code section 1102.5, subdivision (b), prohibits an employer from discriminating against an employee for reporting unlawful conduct to the government.

In reviewing whether summary judgment was proper under the CFCA, we will discuss whether the state was harmed by the alleged fraud reported by McVeigh and whether his report of possible fraud was protected conduct under the…