The False Claims Act in Georgia is designed to help reduce fraud when companies knowingly avoid obligations or file false claims to the state or local government. The law was originally put in place to reduce fraud in Medicaid but has since been expanded to include any law or obligation that individuals, companies, and organizations have. This law allows any private citizen to pursue a case when they believe a fraudulent action occurred, whether they are an employee of the company doing the action, a member of the organization doing the action, or just a neighbor with reason to believe someone in their community is doing the action. The False Claims Act provides protections from retaliations from a whistleblower’s employer and a small incentive in the form of a percentage of the award settlement. Settlement awards can be up to three times the amount of monetary harm caused, in addition to a hefty fine. Anyone who needs assistance after facing retaliation for whistleblowing in Georgia may benefit from consulting with an experienced attorney.    

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.

In short, O.C.G.A. §45-1-4, the Georgia Whistleblower Act, protects public employees from retaliation when they disclose potentially illegal or non-compliant behavior on the part of their employer. This includes violation or not fulfilling obligations to any federal, state, or local law. The illegal forms of retaliation companies are not allowed to take against employees include being fired, suspended, or demoted because you reported a potential violation of the law. Companies will often try to skirt these protections by claiming other reasons for the adverse reaction, particularly in at-will employment states like Georgia. A causal relationship needs to be demonstrated between the adverse employment action and the complaint or disclosure. The exception to this rule is if the disclosure is shown to have been made with “false and reckless disregard,” a loophole designed to discourage employees from carelessly making accusations. This law was passed in part to reduce fraud and waste in state programs. An experienced attorney can assist anyone who has been retaliated against after whistleblowing in Georgia.

When a person suspects a boss or another employee of violating the law in some way, they may decide to “blow the whistle.” There is a difference between internal and external whistleblowing, as discussed below. An internal whistleblower is someone who discovers some type of illegal misconduct in a workplace and decides to communicate their discovery to a supervisor. That supervisor would then follow protocol in addressing the alleged misconduct within the company. Alternatively, a whistleblower may choose to alert the authorities or the media of the misconduct. This would be considered external whistleblowing. There is no law that dictates how a person who believes there to be misconduct reports that illegal activity. Any person who chooses to bring suspected misconduct to light is protected by whistleblower laws. This means that a person may not be retaliated against within the workplace for alerting anyone to illegal activities within an organization. For example, Paul has evidence that his co-worker is committing fraud. Paul alerts his direct supervisor who then follows policies regarding alleged misconduct. Paul would be considered an internal whistleblower. If, on the other hand, Paul filed a police report, he would be considered an external whistleblower. Any person who suspects that a person is conducting illegal activity within an organization has rights. If you believe that there is illegal activity taking place in your Atlanta company, an attorney may be able to assist you.

A whistleblower is an employee who reports an employer or someone else in the company for illegal activity.. This employee is called a “whistleblower” under law as a way of identification and protection. When a person files a complaint against an employer due to criminal activity, the employer is not legally permitted to retaliate against that person by demoting them, terminating them or otherwise “punishing” them. For example, John knows that his employer is embezzling funds from the company. He brings his concern to his supervisor who does nothing to remedy or repair the situation. John then makes a formal complaint to the police who conducts an investigation and arrest his employer. John’s employer demotes John to a position that is well beneath his level of experience and reduces his salary. This is illegal based upon whistleblower policies. John could hire an attorney and sue his employer for violating this policy. If John could prove that his employer demoted him or adjusted his salary as a retaliatory measure, John would have a successful case. If you have filed a complaint with the police based upon known or assumed illegal activity in Atlanta, you are protected under whistleblower policy. Your employer may not take any type of negative action against you simply because you filed a complaint, whether or not that complaint was based on fact and found to be accurate. An experienced attorney can assist you.

It is emotional when a loved one passes away. It can be made even more tragic when the person passed away as the result of someone’s negligence or as the result of a crime. When a person suffers a wrongful death, their family may be entitled to recover the value of their life in addition to various forms of compensation. A family may be awarded economic damages. These are the financial losses the family may have experienced if the accident hadn’t occurred or the crime hadn’t happened. Economic damages can be calculated based on receipts and other documentation. These damages include medical and funeral expenses, loss of earnings, loss of benefits, and more. Non-economic damages include recovery for mental anguish, pain and suffering and loss of are. These damages may also include loss of society, companionship and love. A spouse may also be entitled to loss of consortium. Punitive damages, or those meant to punish the defendant, may also be ordered in unique cases. In some instances, the family may be entitled to recovery of attorney’s fees spent on a lawsuit. Any family of a person who has suffered a wrongful death should seek the advice of an experienced attorney. An attorney can review the details of the incident and help a family determine what they are entitled to under law. If you have suffered such a loss in Atlanta, an attorney can assist your family in taking the appropriate next steps.

When a person dies as the result of someone’s negligence, error or even criminal activity, they are said to have suffered a wrongful death. The decedent’s surviving spouse or children has the right to file a lawsuit seeking compensation for the financial loss they have experienced as a result of that person’s death. They may also have the right to file a lawsuit for the same compensation the decedent would have been able to seek had they not passed away. O.C.G.A. 51-4-5 says that when there is no person who may legally file a lawsuit for wrongful death, the executor of the decedent’s estate may file such a lawsuit. The administrator or executor may be awarded monies and hold that award for the next of kin. The amount the executor or administrator is able to recover is the full value of the decedent’s life. The statute also says that when the wrongful death is the result of a crime or from negligence, the representative of the decedent is entitled to compensation for medical, funeral and other necessary expenses. Those expenses could result from the injury, death or both of the person who has died. When a loved one passes away in Atlanta and the cause is someone’s negligence or error, compensation for financial loss is available. If your loved one has suffered a wrongful death, reach out to a personal injury attorney for assistance in determining what you may be able to recover.

O.C.G.A. 51-4-2 was made into law in 2010. The law allows for: The spouse or parent of a victim to bring a wrongful death lawsuit, survival action, release the wrongdoer, and disposition of recovery. There is also the exemption of recovery for the decedent’s death. Recover is not barred by a child having been born to unmarried parents. The law goes on to say that a spouse, or in the case of no surviving spouse, the children of a decedent, may recover the full value of the decedent’s life, provided they can prove that value in court. The statute also says that if the surviving spouse files the lawsuit and passes away before the lawsuit has been completed, the action is passed along to the surviving child or children. O.C.G.A. 51-4-2 also dictates how monies awarded in a lawsuit be divided. The surviving spouse and children are to divide the money “per capita.” If the amount of the award being given to a minor child is less than $15,000 it will be given to the natural parent of the child to be used for the child’s care, and the natural parent will be held accountable for how the money is spent. In the event the award is larger than $15,000, it will be held by a guardian. Any surviving spouse who would like to know more about this statute in Atlanta should consult a wrongful death attorney for assistance. An attorney can provide a family with information and next steps as appropriate for their unique situation.

A survival statute is a law that provides the legal right to an injured party to sue an at-fault party for damages to a victim prior to their passing. If the victim has passed and filed a claim before they died, the estate of that victim can take over the case in pursuit of compensation. These statutes vary from state to state. In most states, the estate is legally permitted to seek damages that occurred before the victim’s passing. In other words, the estate can seek compensation that the deceased person would have been able to claim had they not passed away. A survival statute differs from a wrongful death suit. In a wrongful death lawsuit, survivors seek compensation for what has been lost as a result of the victim’s death. A survival action seeks compensation for damages that the victim suffered before their death. For example, an estate may seek compensation for emotional distress, pain and suffering and medical expenses. Unlike medical bills, there is no accurate way to calculate the damages caused by pain and suffering or emotional trauma. Because of this, insurance companies use different methods to determine the amount of compensation that will be offered. In some cases, this compensation is adequate and fair. In other cases, a lawsuit must be filed in order for a survivor to be treated as they should be. If a person dies in an accident and their survivors or estate has questions with regards to which type of lawsuit they may file in Atlanta, an attorney experienced in wrongful death can be of assistance.

There are few adults who have not heard of a will. The issue does not lie in not realizing that adults need a will, but in that many people don’t know exactly what a will does. A will can do far more than simply distribute your assets after your death. A will can:

• Name someone as the executor of your estate.
• Provide a guardian for your children and your children’s property.
• Determine how any remaining debts will be paid.
• Provide for any pets that are left behind.
• Backup a living trust.

A will cannot (or should not):

• Put any type of conditions on the assets you distribute. (My daughter gets the house if she divorces her no-good husband).
• Leave instructions for your funeral and burial or cremation.
• Leave your property to your pet.

When you complete a will, you should have an idea of your assets. You need to understand what it means to leave property to people, and you must complete the will when you are in “sound mind.” The will must name people who will get at least some of your assets, and the will must be signed. When you sign the will, there should be witnesses present, and two of those witnesses should sign the will also. If a loved one has been killed in some type of accident in Atlanta, a wrongful death attorney can assist you. An attorney experienced in wrongful death cases can help you take the necessary steps to ensure that your loved one’s final wishes are carried out.