Whistleblower Attorney in Atlanta

We Fight for the Rights of Whistleblowers Across the Country

Malfeasance and wrongdoing in the workplace are often only brought to light by employees who report wrongdoing, a/k/a “whistleblowers.” Whistleblowers may report instances of wrongdoing to upper management, the government, or even the public. Fortunately, whistleblowers are protected by laws that ban retaliation against them. However, whistleblowers often still face discrimination in the workplace, and the whistleblower attorneys at Beal Sutherland Berlin & Brown know how to ensure that whistleblowers get justice.

The role of a whistleblower is crucial in maintaining transparency and accountability within organizations. Such individuals often face intense pressure from peers and higher-ups, which discourages others from coming forward. Therefore, whistleblowers must understand their rights and protections under the law. Their courage not only addresses immediate wrongdoings but also sets precedents for ethical standards within industries.

There are laws specifically designed to protect whistleblowers:

• The False Claims Act
• The Sarbanes-Oxley Act of 2002
• The Georgia Whistleblower Act
• Dodd-Frank Wall Street Reform and Consumer Protection Act

Additionally, there are laws like the ones set out by OSHA (the Occupational Safety and Health Act), which allow relief to workers who face retaliation for filing whistleblower reports. For instance, if you are a whistleblower alerting authorities to pollution, you are protected by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Workers reporting violations of safety rules for commercial vehicles can seek justice under the Surface Transportation Assistance Act (STAA).

Understanding the nuances of these laws can provide a stronger foundation for whistleblowers as they step forward. Legal texts and provisions can often be daunting; thus, consulting with knowledgeable attorneys ensures comprehensive support. Furthermore, each law has specific requirements and procedures that must be followed, accentuating the necessity for meticulous adherence to legal frameworks.

A whistleblower attorney near you from Beal Sutherland Berlin & Brown can help you get the justice and compensation you deserve. Contact us at (404) 476-5305 to schedule a free consultation. 

How Do I Report Whistleblower Retaliation?

If you face whistleblower retaliation in Atlanta, document all incidents and gather evidence. You may report the retaliation to the appropriate authorities, such as the Occupational Safety and Health Administration (OSHA) or the Georgia State Inspector General, depending on the specifics of your case. Consulting with an experienced whistleblower attorney in Atlanta at Beal Sutherland Berlin & Brown can help ensure your rights are protected and guide you through the process of filing a complaint while exploring possible legal actions for compensation and reinstatement.

Having a strong support system makes a significant difference. It's also important to keep detailed records and create a chronological narrative of events after whistleblowing. Be sure to seek peer support within the workplace or professional communities to strengthen your resolve and position while pursuing justice. Additionally, understanding the potential outcomes and setting realistic expectations for the reporting process can prepare whistleblowers for the challenges ahead.

Understanding the False Claims Act: Protecting Whistleblowers

A historic law first passed during the Civil War, the FCA (False Claims Act) originally arose from contractors selling shoddy or defective supplies to the Army, such as poorly made weaponry, or decrepit horses and mules. Under the FCA, it is illegal to try to get the government to pay for subpar goods or services. Whistleblowers who try to report that activity are protected from retaliation by the FCA.

Whistleblowers who successfully use the FCA are entitled to back pay, possibly front pay, damages, and other financial remedies. Money can also be recovered under a doctrine of “qui tam” where the whistleblower acts on behalf of the government and is thus entitled to a percentage of the recovered monies.

The significance of the False Claims Act lies in its ability to empower employees and others who blow the whistle on deceptive practices in governmental contracts and Medicaid or Medicare fraud. The act also includes provisions for significant monetary awards, providing a robust financial incentive for whistleblowers. The evolution of this act over time shows its ability to meet modern-day fraudulent practices and adapt to the changing landscape of corporate and governmental interactions.

Sarbanes-Oxley Act: Safeguarding Whistleblower Rights

The Sarbanes-Oxley Act was passed by Congress in 2002 to protect individuals and institutions from suffering financial losses. Whistleblowers sometimes detect fraud and accounting issues in corporations. The Sarbanes-Oxley Act of 2002 (known as “SOX”) protects them when they report fraudulent acts to either their managers or to the Securities and Exchange Commission (“SEC”). Any company that’s publicly traded is regulated by the SEC, so SOX is in place to protect whistleblowers in those companies.

Key Elements of SOX Protection for Whistleblowers:

• The whistleblower is able to report protected activity such as mail fraud, wire fraud, or any violation of SEC rules.
• The company employing the whistleblower retaliated against them.
• The retaliation clearly was a result of the protected activity.

The good news is that under SOX, a whistleblower only needs to prove that the retaliation (or any adverse employment action that could be construed as retaliation) was related to the protected activity. Other whistleblower laws demand more strict and stringent proof.

Pursuing a SOX claim pays off. After jumping through a few hoops, whistleblowers can recover front pay, back pay, lost benefits, and reimbursement for attorneys' fees. Emotional damages may be assessed. 

With the passage of SOX, corporate transparency was greatly enhanced. The act mandates rigorous internal controls over financial reporting and necessitates signed certification of financial reports by CEOs and CFOs, making it a cornerstone of corporate governance reforms post-Enron scandals.

Georgia Whistleblowers Act: State-Level Whistleblower Protections

Georgia has its own law specific to protecting whistleblowers, the Georgia Whistleblowers Act (GWA). Employees in Georgia who report misdeeds such as abuse, waste, or fraud by a public employer such as a state agency or governing body are entitled to protection under GWA. 

To prove it, the employee must demonstrate that:

• He was employed by a public employer.
• He complained about some form of wrongdoing.
• He suffered retaliation or another adverse employment action.
• There is a causal connection between the substance of his complaint and the action taken against him.

Here are some important considerations regarding this law. Whistleblowers must take care to only report actual misdeeds, not concerns about possible misdeeds. A whistleblower might have been asked to participate in an activity that violates the law or a state regulation, and by refusing, may suffer retaliation. That’s a violation of the GWA. Employers cannot adopt any policy that stops or prevents employees from disclosing information about some form of wrongdoing.

The GWA also provides provisions ensuring anonymity and protecting the privacy of whistleblowers. This feature is pivotal as it encourages employees to come forth without the fear of being ostracized or harassed unjustly. In an age where information travels fast, maintaining confidentiality can make all the difference for whistleblowers.

Whistleblowers under this act can receive compensatory and punitive damages, and even re-employment if the court deems it necessary, reinforcing their professional reinstatement post-disclosure. Understanding these rights is crucial for all public sector employees throughout Georgia.

Dodd-Frank Act: Comprehensive Financial Whistleblower Protections

Like SOX, this law also regulates financial services companies. Commonly known as “Dodd-Frank” and passed in 2010, its aim is to prevent financial disasters like the Wall Street crash of 1929 that threw the USA into the Great Depression. In more recent times, the mortgage crisis made Dodd-Frank very relevant because American families suffered when mortgage companies overextended themselves and caused a recession in 2008.

Dodd-Frank was created to expand the protections offered under SOX. Whistleblowers can receive 10-30% of proceeds from the settlement of a lawsuit that results in more than $1,000,000 in sanctions. They can recover not only from a company but from its subsidiaries and affiliates. The time in which a whistleblower can bring a claim was lengthened from 90 days to 180 days. Also, complaints to the SEC may be made anonymously.

The Dodd-Frank Act also plays a pivotal role in international compliance regulations, ensuring that financial transactions and audits across borders adhere to ethical norms and standards. Its global influence has prompted numerous multinational firms to refine their internal policies. This requirement cascades down to encourage corporate responsiveness and integrity across industries around the world.

Moreover, the encouragement of anonymous reporting under the Act means potential whistleblowers can take action without fear of direct repercussions, promoting a culture of transparency within financial sectors. Such provisions have been instrumental in uncovering various financial frauds, and protecting investors and the overall economy from potential threats.

Get comprehensive legal guidance from a whistleblower lawyer near you at Beal Sutherland Berlin & Brown. Call (404) 476-5305 or contact us to schedule your consultation.

Whistleblower Protections in Atlanta: A Local Insight

Whistleblowers in Atlanta benefit from both federal protections and state-specific legislation, distinguishing it as a city committed to accountability. The Georgia Whistleblower Act provides strong backing for employees within the public sector. The City of Atlanta recognizes the importance of protecting those who report injustice, maintaining its own parameters to safeguard transparency. Within the local jurisdiction, enforcement officers are trained to handle such claims with sensitivity and confidentiality. Employees must be aware of where to direct their actions, often beginning with internal reports before escalating to external bodies.

Local support networks such as advocacy groups offer additional assistance, providing resources and guidance throughout the whistleblowing process. Additionally, the presence of multiple regulatory bodies in and around the Atlanta metropolitan area—including regional offices of the EEOC and OSHA—enhances the support structure available to whistleblowers. Engaging with these bodies ensures that whistleblower reports are reviewed with the due diligence they require.

Why Choose Beal Sutherland Berlin & Brown for Your Whistleblower Case?

When it comes to whistleblower claims, choosing the right legal representation can make all the difference. At Beal Sutherland Berlin & Brown, our dedicated team of Atlanta whistleblower lawyers brings a wealth of experience and knowledge to the table, ensuring that your case is handled with the utmost care and dedication. 

Here’s why we stand out:

• Personalized Legal Strategies: We understand that every claim is unique. Our attorneys take the time to listen to your concerns and tailor a legal strategy that aligns with your specific situation and goals.
• Proven Track Record: Our firm has successfully represented numerous whistleblowers, achieving favorable outcomes that have not only protected our clients but also held wrongdoers accountable.
• Comprehensive Support: From the initial consultation to the resolution of your claim, we provide continuous support, keeping you informed and empowered throughout the process.
• Confidentiality Guaranteed: We prioritize your privacy and security. Our team is committed to maintaining the confidentiality of your identity and any sensitive information related to your claim.
• Passionate Advocacy: We are not just lawyers; we are advocates for justice. Our team is passionate about fighting for the rights of whistleblowers and ensuring that their voices are heard.

Choosing Beal Sutherland Berlin & Brown means choosing a partner who understands the complexities of whistleblower claims and is committed to fighting for your rights. Let us help you navigate the legal landscape with confidence.

Contact our whistleblower advocates via online form or call (404) 476-5305 to speak with a whistleblower attorney near you

FAQ: Your Whistleblower Questions Answered

What Is the First Step for a Whistleblower Facing Retaliation in Atlanta?

If you are a whistleblower facing retaliation, the initial step is to document all forms of retaliatory behavior. Collect emails, voicemails, and any correspondences that highlight adverse actions taken against you due to your whistleblowing. Following documentation, contact relevant regulatory bodies such as OSHA or the Georgia State Inspector General's office. Collaborating with a local whistleblower lawyer can provide strategic guidance through each stage of this intricate process, ensuring that your claims are appropriately presented and considered.

How Can I Safeguard My Identity as a Whistleblower?

Protecting your identity is critical. Start by seeking legal advice to understand your rights and options for confidentiality. You may report anonymously, especially when dealing with federal bodies like the SEC under Dodd-Frank. A whistleblower attorney at Beal Sutherland Berlin & Brown can assist you in navigating these confidentiality mechanisms, ensuring your personal safety while maintaining your right to blow the whistle without repercussions.

What Legal Remedies Are Available to Whistleblowers?

Whistleblowers facing retaliation have various legal remedies, including claims for reinstatement, back pay, and damages such as emotional distress. Acts like the Georgia Whistleblower Act and Sarbanes-Oxley provide avenues for legal action that can reclaim lost wages and positions. Engaging with Beal Sutherland Berlin & Brown helps leverage these laws effectively, ensuring the comprehensive pursuit of all available remedies while emphasizing the importance of regulatory compliance.

Are There Time Limits for Whistleblower Claims?

Specific time frames apply to filing whistleblower claims, often within 90 to 180 days depending on the violated act. For example, Dodd-Frank grants up to 180 days, whereas Sarbanes-Oxley is often 90 days. Missing these windows can forfeit rights to claim. Documenting retaliations efficiently and promptly seeking legal advice from employment litigation firms like Beal Sutherland Berlin & Brown secures adherence to these timelines, ensuring your actions are filed within permissible periods.

How Do Local Laws in Atlanta Affect Whistleblower Protection?

In Atlanta, the enforcement of state laws like the Georgia Whistleblower Act ensures protections that complement federal stipulations. This dual layer of protection provides comprehensive coverage that addresses specific regional considerations and intricacies. Local law enforcement and legal institutions are thus well-versed in handling claims that originate within city boundaries, offering a more customized approach to whistleblower advocacy.

Contact Expert Whistleblower Lawyers in Atlanta Now

At Beal Sutherland Berlin & Brown, we understand the risk and emotional stress associated with whistleblowing activity. Our attorneys can advise you of your rights and help you understand how to bring suit against an employer intent on retaliation.

The intricacies surrounding whistleblower claims often extend beyond mere legalities. Emotional resilience and protective stances are a common domain, necessitating the reassurance and empathetic touch of seasoned attorneys. It is a journey of perseverance, where understanding the necessitated adaptations and emotional commitments forms the bedrock for successful outcomes. For experienced guidance in your case, be sure to connect with a qualified whistleblower attorney at our firm.

Get the help you need from an experienced Atlanta whistleblower lawyer. Contact us at (404) 476-5305 or access our online form now.