Are you a public worker in Georgia? If so, state law protects your right to disclose suspicions of most types of misconduct within your workplace—either internally or externally—without facing any form of retribution (retaliation) from your public employer. The Georgia Whistleblower Act (O.C.G.A. § 45-1-4) is the critically important law. Here, our Georgia whistleblower lawyer highlights five important things that you should know about the Georgia Whistleblower Act.
1. The Georgia Whistleblower Act Protects Public Employees in the State
Are you a public worker in Georgia? You put in hard hours to do a job that helps to support our communities. There are approximately 68,000 public employees in Georgia (Team Georgia)—and they work across a broad range of different industries. The Georgia Whistleblower Act is a law that is designed specifically to protect the rights of public workers and to encourage them to report any signs of unlawful activity or other type of misconduct within their workplace. It was passed into law in 2010 and it shares some similarities with public worker whistleblower protection laws in other jurisdictions. Here is the key point to know: The statute provides that any state employee can report misconduct without fear of adverse consequences from their employer. If you are a public worker in Georgia, you are entitled to protections under the Georgia Whistleblower Act. Have specific questions about the law? An experienced Georgia whistleblower rights lawyer can help.
2. The Law Encourages Employees to Speak Up About Wrongdoing
Why did state legislatures in Atlanta opt to pass the Georgia Whistleblower Act? The law is designed to create a culture of transparency and integrity without our state agencies. Further, the statute seeks to protect the career of the public workers who take it upon themselves to come forward and report wrongdoing. The provision aims to correct governmental missteps by enabling insiders—usually public workers—to come forward with vital information. Here are some examples of issues that a public employee could report under the Georgia Whistleblower Act:
- Misuse of Public Funds: A public employee might report instances where government funds are used for personal expenses or non-approved projects. For example, a worker may have knowledge that a department head is improperly diverting budgeted funds.
- Health and Safety Violations: Safety matters. Public employees can report safety hazards that threaten the wellbeing of workers and the general public. It could be ignoring safety protocols in public facilities or failing to address known hazards that could lead to injury.
- Illegal Awarding of Contracts: A lot of money is at stake in state contracts. Reporting involves cases where contracts are awarded in exchange for bribes or personal favors—thereby circumventing fair bidding processes. It is misconduct.
- Workplace Discrimination : Whistleblowers may report discriminatory practices such as hiring, promotions, or dismissals based on race, gender, age, or other protected statuses. For instance, an HR professional might report systemic biases against certain workers.
- Violation of Federal or State Laws: A whistleblower may report issues such as unauthorized surveillance of citizens, unlawful detentions, or the suppression of free speech. Any violation of the law could justify the blowing of the whistle.
3. Specific Reporting Procedures Exist (Whistleblowers Should Speak to Lawyer)
The Georgia Whistleblower Act outlines specific procedures for reporting wrongdoing. What exactly the reporting procedures entail depends, in part, on a public worker’s specific position. Notably, whistleblowers in Atlanta, Augusta, and elsewhere in Georgia should carefully follow all reporting procedures to ensure the full and proper protection of their rights. Given the complexity, it is recommended that whistleblowers consult with a lawyer skilled in whistleblower law to navigate these complex procedures effectively. Your lawyer can review your case, explain your options, and help you determine the best way to report suspected misconduct.
4. Public Agencies are Strictly Prohibited from Retaliating Against a Whistleblower Worker
If you are a public employee who is engaged in whistleblower activity in Georgia, you should never be punished by your employer. Indeed ,one of the cornerstone features of the Georgia Whistleblower Act is its strong and comprehensive prohibition against retaliation by public agency employers. State employees who lawfully report wrongdoing are shielded from any form of reprisal.
Adverse action is broadly defined to include any form of punishment by the employer, including wrongful termination. A challenge is that many employers who do violate the anti-retaliation provisions of the Georgia Whistleblower Act come up with pretextual reasons to justify the firing or other adverse action taken against a whistleblower.
Pretext is a false reason given for taking an adverse employment action, used to cover up the true, often unlawful, motive. In other words, the employer may attempt to punish a whistleblower employee under the guise of performance issues or organizational restructuring even though the real reason is unlawful retaliation. A top-rated Georgia whistleblower lawyer can help.
5. The Georgia Whistleblower Act is Just One of Several State/Federal Whistleblower Laws
There is no question that the Georgia Whistleblower Act is the key whistleblower protection law for state employees. At the same time, it is not always the only whistleblower law that will apply to a given case. For state workers who are considering engaging in whistleblower activity, it is important to recognize that the statute forms part of a broader array of state and federal laws designed to protect whistleblowers. Depending on the nature of the wrongdoing, other laws—such as the state or federal False Claims Act or the Georgia Taxpayer Protection False Claims Act—may also apply. In some cases, state employees may be eligible to obtain financial compensation through a whistleblower award if their disclosures lead to the state government or federal government recovering money on behalf of taxpayers.
Contact Georgia Whistleblower Rights Lawyer Today
At Chance, Forlines, Carter & King, PC, our Georgia whistleblower attorney is standing by, ready to protect your rights and your interests. If you have any questions about the Georgia Whistleblower Act, please do not hesitate to contact us today for a free, strictly private initial consultation. With legal offices in Atlanta and Augusta, we handle Georgia Whistleblower Act cases throughout the State of Georgia.