Examples of Illegal order in a sentence
A Retaliation Complaint must include a Sworn Statement and be filed with the LDO or with the Complainant’s supervisor within 12 months of the Adverse Personnel Action that the Complainant believes was taken to retaliate against the Complainant for having made a Protected Disclosure or refusing to obey an Illegal Order.
Consistent with California Government Code Section 8547.10(e), a Complainant who brings a Retaliation Complaint must demonstrate by a Preponderance of the Evidence that he or she either made a Protected Disclosure or refused to obey an Illegal Order and that such activity was a contributing factor in the alleged Adverse Personnel Action.
If the Complainant has met that standard, the burden of proof shifts to the supervisor, manager, or University to demonstrate by Clear and Convincing Evidence that the alleged Adverse Personnel Action would have occurred for legitimate, independent reasons even if the Complainant had not made a Protected Disclosure or refused to obey an Illegal Order.
Retaliation Complaint: A written complaint filed under this policy that includes a Sworn Statement and alleges that a University employee retaliated by taking an Adverse Personnel Action against the Complainant because the Complainant (1) made a Protected Disclosure or (2) refused to obey an Illegal Order.
It means a complaint made by an employee or a third party claiming that a retaliation against a Protected Disclosure or the rejection to an Illegal Order has been made, or a complaint made by an employee or a third party claiming that an interference was made in the course of making a Protected Disclosure, which is submitted in writing along with a statement that the contents of the complaint are true or a statement that the complainant believes that the contents of the complaint are true.
This Whistleblower Policy shall apply to any Retaliation Complaint filed by employees or constituents who have made or attempted to make a Protected Disclosure or refused to obey an Illegal Order.
Consistent with the California Whistleblower Protection Act (Government Code Sections 8547-8547.15), a University employee may not: (1) retaliate against an employee or applicant for employment who has made a Protected Disclosure, (2) retaliate against an employee who has refused to obey an Illegal Order, or (3) directly or indirectly make Use of Official Authority or Influence for the purpose of interfering with an employee’s or applicant’s right to make a Protected Disclosure.
Retaliation Complaint: Any written complaint by an employee or constituent which alleges retaliation for having made a Protected Disclosure or for having refused an Illegal Order or Interference with an attempt to make a Protected Disclosure, together with a statement that the contents of the complaint are true or are believed by the complainant to be true.
Illegal Order: Any directive to violate or assist in violating an applicable federal, state, or local law, rule, or regulation or any order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.
Under the WPP, the retaliation must include an Adverse Personnel Action that was taken against an employee or applicant of employment for making a Protected Disclosure or refusing to obey an Illegal Order (See FAQ #7 for more information).