Georgia Whistleblower Law
Does not currently recognize a “public policy” wrongful discharge claim for whistleblowers.
Court Decision:
- Reilly v. Alcan Aluminum Corp., 528 S.E.2d 238 (Ga. 2000)
- McKinney v. Fuciarelli, 2016 Ga LEXIS 313 (2016)
- Filing a retaliation case under the Georgia False Claims Act requires the consent of the state attorney general.
Statute:
- GA Code § 45-1-4 (public employees)
- GA Code § 49-4-168–168.6 (false Medicaid claims)
- See Albers v. Georgia Board of Regents, 766 S.E.2d 520 (Ga. App. 2014) (sustaining whistleblower claim)
Frequently Asked Questions
Does Georgia have a False Claims Act (FCA)?
Yes. The Georgia False Claims Act covers frauds against the state in various fields, while the specially designated Georgia False Medicaid Act applies to frauds related to Georgia’s Medicaid program.
Do the Georgia laws have a whistleblower provision?
Yes, both laws do. State intervention in a case could leave a whistleblower with an award between 15 and 25 percent. In a case that lacks state intervention, a collection could be between 25 and 30 percent. Any indication that the claimant planned or initiated the violation may reduce the award.
Does Georgia recognize the public policy exception for wrongful termination?
No. As decided in Jellico V. Effingham County (1996), at-will employees cannot maintain a successful wrongful discharge suit against an employer on grounds of public policy.
