What Public Employees Need to Know About the Georgia Whistleblower Protection Act

Imagine you’re at work, and you find out that your government employer is engaging in practices that you know are against the law. Perhaps it’s just a few of your superiors, but maybe the bad acts are systemic. What do you do? In many cases, employees are afraid to speak out because they rely on their paycheck and job security. In fact, that fear often allows violations to go unreported while corrupt actors profit from their misdeeds. The Georgia Whistleblower Protection Act seeks to protect the state’s public employees from facing this dilemma, and in turn, also protects the other citizens of the state from actions that might waste their tax dollars.

Even though there are these protections in place, the laws can be complex. At Buckley Bala Wilson Mew LLP, we stand up for the rights of those who risked it all to do the right thing. Read on to learn more about the Georgia Whistleblower Protection Act and your rights as a whistleblower.

What is the Georgia Whistleblower Protection Act?

Georgia legislators passed the Georgia Whistleblower Protection Act, with the goal of encouraging government employees to report waste, fraud, abuse or other violations of state or federal law by their public employer. The act does so by protecting those employees from retaliation. These protections are critical for everyone in the state because they help to prevent bad actors from misusing or misappropriating taxpayer money.

Who counts as a public employee under the law?

The Georgia Whistleblower Protection Act only applies to state and local government employees.

Examples of employees that are likely covered by the law include:

• Employees of state agencies or arms of the state
• Teachers in public schools
• Law enforcement officers
• City, county or municipal employees

It’s important to know whether the law covers you as not all employees qualify. Speaking to an employment law attorney at Buckley Bala Wilson Mew will offer you clarity on whether this law or other whistleblower protection legislation might cover your situation.

What kind of misconduct can you report?

Misconduct under the Georgia Whistleblower Protection Act can include a wide range of behaviors, including the following:

• Fraudulent financial activity (like misusing public funds or creating fake invoices)
• Health or safety violations (such as the improper disposal of hazardous waste or the lack of safety equipment)
• Contract or procurement fraud (like giving all contracts to a family member or someone who pays kickbacks)
• Discrimination or abuse of power (such as discriminatory hiring or promotion practices involving race, gender, or other protected characteristics)
• Violations of federal, state, or local laws

If you’re unsure whether the misconduct is covered by the Georgia Whistleblower Protection Act, or if you have a claim for retaliation under the law, you should speak to an attorney right away to protect your rights.

What if I thought I reported misconduct, but I was wrong?

Sometimes things look bad, but there is a reasonable explanation. The law recognizes this reality and the possibility that employees might be hesitant to report wrongful actions because they are fearful of being mistaken. Importantly, for protections to apply, you don’t have to be right—you just need to have a reasonable belief that your employer engaged in misconduct.

Protected actions under the Georgia Whistleblower Protection Act

Whistleblowers may take a variety of actions which the law aims to protect. Some whistleblower actions that could qualify include:

• Reporting instances or patterns of misconduct to a supervisor or a government agency
• Refusing to participate in the unlawful activity
• Objecting to policies or practices that may violate the law
• Reporting misconduct internally to supervisors or externally to government agencies

As mentioned, the law still protects you if you are wrong, as long as your belief is reasonable.

What does retaliation look like?

Retaliation can come in various forms, and sometimes, it might even be subtle. Some common examples of retaliation can include:

• Demoting or terminating the whistleblower
• Suddenly giving the person a negative performance review
• Excluding the whistleblower from certain projects or training opportunities
• Assigning the individual less desirable tasks or duties

Employers may try to claim they had neutral reasons for their actions. It can be challenging to combat such claims. Documenting all communications and potential signs of retaliation is critical. However, the best thing you can do to protect yourself is find a lawyer who will be looking out for your interests and working to identify indications of retaliation.

How to report misconduct safely

When it comes to reporting misconduct, there are a few ways to reduce the risk of retaliation. First, it’s important to make the report to someone in a supervisory or management role. Just talking to coworkers about what you witnessed is not considered protected whistleblowing activity under the law. Documenting everything is also key. Memos, dates, names, witnesses, emails, and anything else you have that backs up your version of events could be critical in both proving the wrongdoing and protecting yourself.

The situation can be complex, however, so your best bet is to speak to a lawyer sooner rather than later—either before you report or right after.

What remedies are available if your employer retaliated against you?

The remedies under the statute include the following:

• Reinstatement in your previous role: This might be the case if you wrongfully lost your job or were demoted because you spoke out. The employer may be required to give you back your old position.
• Back pay and lost benefits: If you lost income and benefits because of the loss of your role or a demotion, you might be able to recover those losses.
• Compensation for emotional distress: The law recognizes that being retaliated against comes with more than monetary losses. You may be able to collect compensation for your emotional pain as well.
• Attorneys’ fees and legal costs: Instead of you covering the cost of hiring an attorney to represent you, the law allows the court to shift that burden onto the employer who caused the issue in the first place.

It’s important to note that there is a deadline for filing a whistleblower retaliation claim under the Georgia Whistleblower Protection Act. You must file your claim within one year of the retaliatory act, such a termination or demotion.

How Buckley Bala Wilson Mew LLP can help

At Buckley Bala Wilson Mew LLP, we are proud to represent courageous individuals who speak out against unlawful workplace conduct, even when facing personal and professional risks. Our experienced team is here to fight for you. We offer compassionate counsel and confidential consultations for whistleblowers – with us, you don’t have to face this alone.

Public workers are essential for a functioning government, and also for transparency. You should never be penalized for approaching your work and service to the people of Georgia with integrity. If you are a government employee, and have questions about reporting a possible workplace violation or already believe you’ve faced retaliation, contact Buckley Bala Wilson Mew LLP today. We’re prepared to fight against injustice, and ready to work to make things right.