CACI No. 4601

Whistleblower Protection Act—Essential Factual Elements (Gov.

Code, § 8547.8(c))

[Name of plaintiff] claims that [he/she/ nonbinary pronoun] made a

protected disclosure in good faith and that [name of defendant]

[discharged/specify other adverse action] [him/her/ nonbinary pronoun] as a

result. In order to establish this claim, [name of plaintiff] must prove all

of the following:

1. That [name of plaintiff] [specify protected disclosure, e.g., reported

waste, fraud, abuse, violation of law, threats to public health, bribery,

misuse of government property];

2. That [name of plaintiff]’s communication [disclosed/ [or]

demonstrated an intention to disclose] evidence of [an improper

governmental activity/ [or] a condition that could significantly

threaten the health or safety of employees or the public];

3. That [name of plaintiff] made this communication in good faith

[for the purpose of remedying the health or safety condition];

4. That [name of defendant] [discharged/ specify other adverse action]

[name of plaintiff];

5. That [name of plaintiff]’s communication was a contributing factor

in [name of defendant]’s decision to [discharge/ other adverse 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.

New December 2014; Renumbered from CACI No. 2442 and Revised June 2015;

Revised July 2025