Georgia Whistleblower Laws

A “whistleblower” is someone who reports illegal activities at their employer. The whistleblower statutes protect reporting employees. Potential issues include health and safety violations, environmental issues, government fraud and waste, and other legal violations. These laws prohibit employers from retaliating against employees who report illegal workplace activities.

Employer retaliation is an adverse action an employer takes against an employee who reports. Adverse acts discourage employees from reporting. An employee who experiences whistleblower retaliation may file a claim against the employer.

In general, an employee who reports something in good faith, based on facts they reasonably understood at the time, is protected. This protection applies even if the investigation later clears the employer. Whistleblower laws help keep working conditions safe, fair, and lawful. These laws protect employees who report illegal activities. In turn, whistleblower laws also help protect the public.

Some whistleblower protections overlap and may lead to several claims. Georgia workers need to understand both the federal and state whistleblower protections. This article focuses on the whistleblower protections for Georgia state employees and the federal laws that apply to federal employees and some private-sector employees. If you think you may have a whistleblower retaliation claim against your employer, contact an attorney for legal advice.

What Is Retaliation?

Employees who report ethical, legal, or environmental wrongdoing by their employers risk retaliation. They are known as “whistleblowers.” Retaliation can take many forms, including:

• Wrongful termination or firing
• Disciplinary action
• Demotion
• Denial of benefits, overtime, or promotion
• Reassignment
• Blacklisting
• Reduction of pay
• Reduction of work hours
• Fear or intimidation

Retaliating against whistleblowers is illegal.

Georgia Whistleblower Protection Laws

The Georgia Whistleblower Act (O.C.G.A. §45-1-4) protects public employees against employer retaliation for whistleblowing. This protection doesn’t apply if the disclosure was made “knowing that it was false or with a reckless lack of concern for whether it was false or true.” An honest mistake won’t cost you protection, but knowingly giving wrong information or being recklessly indifferent to the truth will.

Under the statute, “retaliation” means a public employer‘s discharge, suspension, or demotion of a public employee, or any other adverse employment action. Georgia’s whistleblower laws only protect public employees. They do not apply to private employees.

Whistleblower Remedies

Georgia state law provides several potential remedies for whistleblowers:

• An injunction to prevent continued violation of the Whistleblower Act
• Reinstatement of the employee
• Reinstatement of full fringe benefits and seniority rights
• Compensation for back pay, lost wages, and benefits
• Any other compensatory damages allowable at law

In addition, the court may award a prevailing public employee reasonable attorney’s fees, court costs, and expenses.

Federal Whistleblower Protections

Several federal laws include whistleblower protections. The Federal Whistleblower Protection Laws include:

• The Whistleblower Protection Act: Protects federal employees reporting government issues
• The Sarbanes-Oxley Act (SOX): Protects employees of publicly traded corporations who report securities fraud, shareholder fraud, or other financial misconduct covered by federal securities law
• The Occupational Safety and Health Act (OSHA): Protects employees who report workplace safety and health violations, or who refuse to work in conditions they reasonably believe pose an imminent danger
• The Dodd-Frank Act: Protects individuals who report securities law violations to the Securities and Exchange Commission (SEC), and includes a separate program that can award the whistleblower a percentage of any monetary sanctions the SEC recovers

The False Claims Act encourages private citizens to sue those who are defrauding the federal government. If the lawsuit is successful, the whistleblower gets a percentage of the recovery, and employers can’t retaliate. This is a private right of action filed directly in federal court. Its filing deadline is longer than other federal whistleblower laws: three years from the retaliation, or up to 10 years under certain conditions.

By contrast, the federal filing deadlines for most whistleblower retaliation claims are extremely short. Some are counted in days rather than months or years. For example, OSHA‘s core whistleblower provision requires filing within 30 days of the retaliatory act.

If you’re a Georgia public employee, one report can lead to both a federal and a Georgia claim. Private-sector employees with a federal claim don’t have a parallel Georgia state claim because Georgia‘s whistleblower statute covers only public employees. To protect your rights and options, file whistleblower claims as soon as possible.

Protect Yourself

If you think your employer is retaliating against you for whistleblowing, take action. Document everything, including:

• Dates
• Times
• Whom you’ve spoken with
• Contact information for any potential witnesses

Keep a copy of all communications between you and your employer.

Where you file your retaliation claim depends on who you work for and the type of claim. If you’re a Georgia public employee, you file a direct civil lawsuit, not an administrative complaint. You typically have one year from the date you discovered the retaliation to file suit, but the underlying retaliatory action can’t be more than three years old.

A federal claim requires filing an administrative complaint with the specific federal government agency before you can file a lawsuit. Federal filing deadlines are short. Consulting an employment attorney is better done sooner rather than later.

When To Contact a Georgia Employment Attorney

If you have questions about your employment rights or want help evaluating a potential whistleblower retaliation claim, talk to a Georgia employment law attorney. An experienced attorney can help protect your rights if you find yourself in a whistleblower retaliation situation. They’ll review your claim, explain your options, and help you navigate the legal process.