Whistleblower FAQs

Laws that protect workers, such as anti-discrimination or health and safety laws, also include language that make it illegal for employers to retaliate against employees who report a problem. Further, laws that pertain to health and safety of the greater community also include protections for employees who blow the whistle on potentially illegal activities.

The result is a comprehensive set of whistleblower protections sprinkled throughout the legislation. These protections for both public and private employees are important to creating an atmosphere where public health and safety is not weighed against fear of losing one’s job.

Georgia is an employment at-will state, which means that employers will simply claim other reasons as the basis for the adverse action they took against you. An attorney can help you prove the causal relationship between reporting a problem or filing a complaint and the eventual steps taken by your employer against you if you blow the whistle on them. Let an Atlanta whistle blowing lawyer help you protect yourself while you do the right thing.

Georgia is an at-will employment state, which means that employers have the power to dismiss their workers at any time, for any reason, as long as they do not violate any statutory protections. Statutory protections must be set by the legislation and include protections such as federal anti-discrimination laws as well as protection against retaliation from employers to employees who blow the whistle on potentially illegal activities.

However, the legislation in Georgia commonly referred to as the whistleblower act only provides umbrella protections to public employees. Private employees also have a comprehensive set of whistleblower protection rights, although they are granted by individual pieces of legislations that set out the laws alleged to be broken.

For example, there are laws that prevent employees from retaliation after allegations of sex discrimination whether they are private or public employees. That language can be found in the laws that make sex discrimination illegal.

An experienced attorney can help anyone who was retaliated against for revealing illegal or unethical practices on part of their employer.

What is Georgia’s False Claims Act?

When you notice someone allegedly committing a crime, you’ll call the police to protect yourself, your family, and your community. If you’re in a situation where you need to let the government or a prosecutor know about an illegal action, you need a Georgia False Claims Act lawyer.

In this case, you’d be called a whistleblower, which is a good thing. It means you’re pointing out illegal or fraudulent acts committed by a person, company, or organization.

However, you’re scared about the repercussions. What if you lose your job and your employer sues you? You could lose everything you have. 

Under the Georgia False Claims Act, you’re protected.

Why the False Claims Act Exists

The federal government came up with the original federal False Claims Act to prevent fraud against the government while making it easy and beneficial for citizens to report that fraud. A whistleblower case is also called a qui tam case, which comes from the Latin phrase “in total” and translates into “[he] who sues in this matter for the king as well as for himself.”

In federal cases, whistleblowers are awarded an average of between 15% and 30% of the total recovered amount. If the government is involved, there’s a good chance your award will be lowered.

As for the defendant, they will have to pay three times the amount of the government loss, as well as a $5,500 to $11,000 fine. The government may also reach a settlement with the defendant, which could be lower. The whistleblower’s award is taken out of the settlement amount and not the maximum penalty.

Let’s say your employer was committing workers’ compensation fraud and submitting false claims. They stole $10,000 from the government, which means they could owe $41,000, which is $30,000 (3x the amount stolen) + a $11,000 fine. But if they settle for $25,000, you might only get 15% to 30% of that, or $3,750 to $7,500.

No matter what the award is, it’s always advisable to report fraud when you see it occurring.

Details About the Georgia False Claims Act   

Introduced in 2012, this is Georgia’s state version of the federal False Claims Act. It was designed to reduce fraud when companies knowingly file false claims to the state or local government or avoid obligations. The original intention of the Act was to reduce Medicaid fraud, but it has since been expanded to include all laws and obligations that individuals, organizations, and companies are supposed to fulfill.

Whether you’re an employee of a company, a member of an organization, or a neighbor who believes there has been wrongdoing, then you can let the appropriate government agency know.

No retaliation can occur. For instance, your employer cannot fire, demote, harass, threaten, or suspend you. If this does happen, then you would be entitled to the reinstatement of your position along with two times the amount of back pay you’re owed, interest on the back pay, plus money for damages because you were discriminated against.

The Act makes it so that you cannot be sued if you’re a whistleblower. And not only that, but there is an award incentive similar to the federal government’s. 

Pursuing a Claim

If you want to pursue a claim under the Georgia False Claims Act, the first thing to do is find a whistleblower lawyer who can help. It’s best to seek out an attorney because they will know where you can file your claim.

If your employer, organization, or member of your community tries to retaliate against you – or they already have – then having an attorney on your side is going to be your best line of defense.

Finding a Whistleblower Lawyer

You may not understand why you should hire a whistleblower attorney. Aren’t they just going to take a commission out of your award? Why get a third party involved when you can simply file the claim yourself?

The truth is that these claims are difficult to navigate. You may not report the fraud to the right place and your claim might never get processed. You might not have the evidence you need for your claim. And above all else, you may not know how to get as high of a reward as possible.

A whistleblower lawyer has experience in all of these areas. They will work hard on your behalf, creating a plan with you on how you’ll report the fraud, as well as negotiate to get you a higher award. 

Haug Law Group, who may have answers to your questions under their Personal Injury Legal Definitions and Terms page, has experience representing other whistleblowers under the Georgia False Claims Act and would be happy to sit down with you for a free consultation.

 

 

 

 

When a person blows the whistle, or becomes a whistleblower, they call attention to some type of wrongdoing in a workplace. There are four ways to whistleblow according to the Government Accountability Project. These are:

1. Reporting the violation of law or suspected wrongdoing to law enforcement authorities;
2. Refusing to participate in known workplace wrongdoing;
3. Testifying in some type of legal proceeding involving the wrongdoing; and
4. Leaking evidence of the wrongdoing to some media outlet.

Whistleblowing, in ethics, means that a person has an understanding that the illegal activity taking place is harming an entity. The wrongdoing may interfere with someone’s rights. A whistleblower also has the courage to stand up for what is right. In many cases, a person may not report illegal activity for fear of being retaliated upon by an employer.

It’s important to understand that a whistleblower is protected by law. While a person who decides to speak with authorities may experience issues with their employer, those issues can be resolved with the help of an attorney. It can sometimes take work to ensure that a person who goes to the authorities is treated fairly, but an attorney can provide assistance.

If you are considering reporting illegal activity within a workplace in Atlanta to either law enforcement or the media, it may be beneficial to speak to an experienced attorney beforehand. Reach out to an Atlanta whistle blowing lawyer experienced in whistleblowing laws for help in deciding the best course of action.

What is Georgia’s whistleblower statute of limitations?

Georgia allows whistleblowers one year to file suit after an adverse employment reaction is taken, for example, being terminated. The statute was put to the test in a case in 2010 wherein the plaintiff filed a wrongful termination lawsuit against an employer who had directed him in June of 2009 to either resign or be terminated.

Ultimately, the employer was terminated by letter in November of 2009, with the suit being filed in November 2010. Originally the defendant successfully argued that the filing was barred by statute of limitations because the plaintiff learned about the action over a year prior to filing suit.

An appeals court determined that the plaintiff could not have filed suit until the decisive action was taken, and thus the moment where the statute of limitations begins made a subtle shift from “the moment the action was taken” to “the moment the plaintiff became aware of a decisive action taken.”

Anyone who has been retaliated against for whistleblowing in Georgia may benefit from speaking with an experienced attorney.