A summary judgment in favor of defendant in this whistleblower action is reversed because the defendant brought the motion using the McDonnell Douglas test rather than the statutory test under Lab. Code 1102.6, as explicated in Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703.  The decision also holds that the same Lawson test applies under Gov. Code 8547.10, a whistleblower statute that applies specifically to University of California employer.  However, the McDonnell Douglas test applies to a whistleblower claim under H&S Code 1278.5 which prohibits retaliation against any employee of a health facility who complains to an employer or government agency about unsafe patient care. Nevertheless, the decision reverses the summary judgment as to that claim as well, finding that the employee raised triable issues of fact as to whether the University’s stated grounds for termination were pretextual.  His accolades and praise over a 12-year employment period rebutted the University’s notice which stated his termination was for poor performance.