Are the elements for pleading retaliation in violation of labor code 1102.5, the same as for violation of gov. code 12940?

They are completely different statutes with completely different statutory bases for liability, so the elements of each are different. That said, retaliation in both settings requires that you prove the plaintiff was an employee as defined under each statute, that the employee engaged in one of the defined forms of protected conduct under the respective statutes, that injury occurred as a result of the retaliation, and that the injury was the proximate cause of the injury. They are similar in that regard, but completely separate otherwise. You should not try to bring a claim under these statutes on your own. You will get slaughtered by experienced and well-heeled defense counsel. Good luck to you.

They are different. According to California Civil Jury Instructions (CACI), the elements for 12940 retaliation are: 1. That [name of plaintiff] [describe protected activity]; 2. [That [name of defendant] [discharged/demoted/[specify other adverse employment action]] [name of plaintiff];] 2. [or] 2. [That [name of defendant] subjected [name of plaintiff] to an adverse employment action;] 2. [or] 2. [That [name of plaintiff] was constructively discharged;] 3. That [name of plaintiff]’s [describe protected activity] was a substantial motivating reason for [name of defendant]’s [decision to [discharge/demote/[specify other adverse employment action]] [name of plaintiff]/conduct]; 4. That [name of plaintiff] was harmed; and 5. That [name of defendant]’s conduct was a substantial factor in causing [name of plaintiff]’s harm. The elements for 1102.5 Whistle Blower protection are: 1. That [name of plaintiff] was an employee of [name of defendant]; 2. [That [name of plaintiff] disclosed to a [government/law enforcement] agency that [specify information disclosed];] 2. [or] 2. [That [name of plaintiff] refused to [specify activity in which plaintiff refused to participate];] 3. [That [name of plaintiff] had reasonable cause to believe that the information disclosed [name of defendant]’s [violation of/noncompliance with] a [state/federal] rule or regulation;] 3. [or] 3. [That [specify activity] would result in [a violation of/noncompliance with] a [state/federal] rule or regulation;] 4. That [name of defendant] [discharged/[other adverse employment action]] [name of plaintiff]; 5. That [name of plaintiff]’s [disclosure of information/refusal to [specify]] was a contributing factor in [name of defendant]’s decision to [discharge/[other adverse employment action]] [name of plaintiff]; 6. That [name of plaintiff] was harmed; and 7. That [name of defendant]’s conduct was a substantial factor in causing [name of plaintiff]’s harm. You can find the full set of jury instructions here: http://www.courts.ca.gov/partners/317.htm You should consult with an attorney to determine how the facts potentially fit into these elements, and what each of the elements means.