Georgia Whistleblower Attorney | Barrett & Farahany

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Existing Clients 866-989-0120

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It’s an all-too-common occurrence: While carrying out their standard job duties, a company employee discovers evidence that their bosses are engaged in illegal business activities. The nature of these activities can take several forms, such as mismanagement of public funds, infractions of workplace safety rules, improper storage of toxic materials, or another violation of the law.

Whatever the particular circumstances of the situation, the employee often finds himself or herself in a classic rock-and-a-hard-place dilemma. If they simply “look the other way,” their employer will likely continue with their illegal behavior, which, in some cases, can pose a danger to innocent parties. However, if they report the infraction to the proper authorities, they could face the wrath of their employer.

Luckily, there are laws in place that protect workers if they decide to report their employer’s illegal practices. These are known as whistleblower laws, and our Atlanta whistleblower attorneys have the experience and skill to help protect you from discrimination and retaliation for exposing any wrongdoing.

What is a Whistleblower?

“Whistleblower” is the term applied to an employee (or ex-employee) who informs appropriate company personnel, such as a supervisor or an outside regulatory body, about activities committed by the employee’s organization that conflict with local, state, or federal law.

The Importance of Whistleblower Laws

Several employment laws protect the rights of workers who take this type of action. These laws protect employees from adverse employment actions. Companies that disregard these laws and attempt to punish whistleblowing personnel can face serious legal penalties.

Adverse Employment Actions to Protect Yourself From

Adverse employment actions in response to whistleblowing are retaliatory measures taken by employers against employees who report misconduct, illegal activities, or unethical behavior. Common examples include:

  1. Termination: Firing the whistleblower outright is one of the most severe forms of retaliation.
  2. Demotion: Reducing the employee’s rank, responsibilities, or pay as a punitive measure.
  3. Harassment: Subjecting the whistleblower to verbal abuse, intimidation, or a hostile work environment.
  4. Reduction in Hours or Pay: Cutting back on the employee’s work schedule or salary as a form of punishment.
  5. Exclusion: Isolating the whistleblower from meetings, projects, or workplace activities.
  6. Negative Performance Reviews: Giving unwarranted poor evaluations to damage the employee’s record.
  7. Denial of Promotions or Benefits: Blocking career advancement opportunities or withholding bonuses and perks.
  8. Reassignment: Moving the whistleblower to less desirable roles, locations, or shifts.
  9. Disciplinary Actions: Issuing baseless warnings, write-ups, or other formal reprimands.
  10. Constructive Discharge: Creating intolerable working conditions to force the employee to resign.

These actions are often illegal under whistleblower protection laws, such as the Whistleblower Protection Act or similar state and federal regulations, which aim to safeguard employees from retaliation.

Legal Requirements of a Whistleblower

If an individual is to be classified under the law as a whistleblower and entitled to the legal protections of that designation, they must comply with several requirements. These requirements will vary according to the particular law under which the whistleblower claim is made, but in general, the case must meet all four of these conditions:

  • The employee engaged in activities protected by whistleblowing laws, such as refusing to partake in an illegal practice or reporting their employer’s transgressions to the appropriate government agency.
  • The employer was aware that the employee engaged in these activities.
  • The employee was subjected to “adverse action” (e.g., firing, demotion) at the workplace.
  • This adverse action resulted from the employee’s whistleblowing activities.

Not all employee behavior undertaken to blow the whistle on an employer will qualify for protection under the law. For example, an employee who attempts to “protest” their company’s illegal activities by physically vandalizing the worksite is unlikely to be vindicated by the courts.

Whistleblowing laws can also help protect companies from invalid retaliation claims brought against them by disgruntled employees. An employee who tries to claim protection under whistleblower laws may lose their case if the employer can prove that the adverse action had nothing to do with retaliation against the exposure of the company’s illegal activities. One example of this would be a whistleblowing employee whose demotion can be traced to their chronic tardiness.

Specific Whistleblower Employment Laws

There is no single U.S. law that protects whistleblowers. Instead, there is a patchwork of laws largely devoted to protecting federal employees for various industries. For instance, the Sarbanes–Oxley Act of 2002, enforced by the U.S. Securities and Exchange Commission (SEC), is intended to help whistleblowers involved in accounting at publicly traded companies. At Barrett & Farahany, our whistleblower retaliation attorneys can help you understand what laws may protect you from retaliation and discrimination in your workplace.  

Statutes of Limitations on Filing Complaints

Bear in mind that you have only a finite amount of time to file a whistleblower claim. The deadline for filing a complaint varies. Some employment laws relevant to the matter only give you as few as 30 days to file after the retaliatory event. Waiting too long can make it impossible for you to get the justice you deserve.

Loss of Promotion Due to Age

Protect Your Whistleblower Rights with Barrett & Farahany

Whistleblowing laws can be confusing, especially in cases where it isn’t altogether clear if an employee’s actions are properly covered by them. It’s always best to have experienced legal counsel in your corner to help you. If you reported your employer’s wrongdoing and shortly after began receiving unfair treatment or punishments, you might be experiencing retaliation for exercising your rights. 

At Barrett & Farahany, we know that reporting your employer or refusing to partake in illegal actions is not easy. Whistleblowers do essential work that protects many innocent individuals from harm, and they should be celebrated for doing so, not retaliated against.

Contact our whistleblower retaliation attorneys in Alabama, Georgia, and Illinois today for a team that will uphold your rights.

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Barrett & Farahany

Georgia Office

2921 Piedmont Road
Atlanta, GA 30305
334-237-7773

Alabama Office

120 19th Street North Suite 249,
Birmingham, AL 35203
866-951-0903

Illinois Office

77 W. Wacker Dr. Suite 4500
Chicago, IL 60601
773-337-7999

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Existing Clients: 866-989-0120

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