Atlanta Whistleblower Attorneys

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 attorneys at Beal Sutherland Berlin & Brown know how to see that whistleblowers get justice.

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).

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 case specifics. Consulting with an experienced whistleblower attorney at Beal Sutherland Berlin & Brown can help ensure your rights are protected and guide you through the process of filing a complaint, while also exploring possible legal actions for compensation and reinstatement.

Our law firm can help you get the justice and compensation you deserve. Contact us at (404) 476-5305 to schedule a free consultation. 

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.

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. 

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.

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 cause a recession in 2008.

Dodd-Frank was created to expand the protections offered under SOX. Whistleblowers can receive 10-30% of proceeds from 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.

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

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

Here’s why we stand out:

• Personalized Legal Strategies: We understand that every case 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 case, 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 case.
• 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 cases and is committed to fighting for your rights. Let us help you navigate the legal landscape with confidence.

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.

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