Legal Question in Employment Law in Georgia

Can an employer fire someone as retaliation for whistleblowing and what is needed to prove it?


Asked on 4/29/10, 8:46 am

2 Answers from Attorneys

Edmund Burke Edmund B Burke, Attorney at Law

It depends on what the whistleblower reported. If, for instance, there was an OSHA violation and you blew the whistle, there are anti-retaliation laws that protect you.

But suppose you just think the manager is doing a bad job and you report his misconduct (e.g. not diligently collecting accounts) to the President. They think that you are too nosey and you get fired. No whistleblower protection here ... it was a private company matter and they may be able to get away with it (unless, for instance, they are only using it as a pretext for some unlawful discrimination such as race or gender discrimination). But there is no "general law" to protect whistleblowers. It depends on what the underlying report was.

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Answered on 5/04/10, 10:32 am
Jack Rosenberg Jack Rosenberg, Attorney at Law

I agree with the previous answer in general. There are specific federal and state statutes that protect individuals who whistleblow about fraud, waste, and abuse in state and federal contracts.

You should consult with an experienced attorney in the field such as myself for a free consultation to determine whether you are covered under the various laws. Jack Rosenberg, www.georgiaunemploymentlawyer.com

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Answered on 5/26/10, 3:35 pm


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