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What is an employee for the purpose of labor code section 1102.5?

Tustin, CA |

Can anyone direct me to the code section that defines an "employee" under labor code section 1102.5?

Attorney Answers 3


  1. See Labor Code Section 3351, which defines "employee".


  2. talk to a lawyer who can evaluate your situation.


  3. To get you started, Labor Code section 3351 defines "employee" as every person in the service of an employer under any appointment or contract of hire or apprenticeship, express
    or implied, oral or written, whether lawfully or unlawfully employed.

    The Code goes on to provide various examples of who is and who is not defined as an employee under California law. I agree with counsel above that you should consult an attorney to determine whether you would qualify as an employee for purposes of bringing a 1102.5 claim.

    This answer should not be construed to create any attorney-client relationship. Pouya Chami answers questions on Avvo as a service to the public, primarily to provide general information where it may be of assistance. The answer given is based on the limited facts provided and the proper course of action might change significantly with the introduction of new facts. These comments are for information only and should not be considered legal advice.

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