Employment Law

Can my employer retaliate against me for being a whistleblower?

The United States Securities and Exchange Commission (SEC) is investigating whether companies are trying to silence and retaliate against whistleblowers. A whistleblower is an employee who complains of illegal or unethical activities either internally or to a government agency. Whistleblowers play an important role in keeping employers honest, and there are state and federal laws protecting their rights.

Authorized by the 2010 Dodd-Frank Wall Street reform law, the SEC started a whistleblower program which rewards people reporting possible securities law violations if their tip leads to more than $1 million in sanctions. Awards can range between 10 and 30 percent of money collected by the agency. The SEC Office of the Whistleblower received more than 3,500 tips last year. This is the highest number since the program started.

Concerned about corporate backlash against whistleblowers, the SEC issued letters to several companies seeking years of documents such as nondisclosure agreements and employment contracts. It is unknown how many letters were sent or to whom. The documents being sought by the SEC might reveal employers discouraging whistleblowers. Sometimes these kinds of documents contain clauses that require employees to forfeit any awards, even though such clauses are prohibited by federal regulations.

U.S. Attorney General Eric Holder called on Congress for action last year, stating that Wall Street companies often shielded their leaders from responsibility for misconduct. Holder suggested increasing rewards for whistleblowers and requested funding for more FBI agents with forensic accounting expertise.

If you live in Georgia and believe your employer is involved in illegal activities but fear speaking up, contact the attorneys at Pankey & Horlock, LLC. We have decades of experience representing clients and aggressively protecting their rights. Call (770)670-6250 today to schedule a consultation and learn more about state and federal legal protections for whistleblowers.

Can I be fired for expressing my religious beliefs at work?

In a complaint filed with the Equal Employment Opportunity Commission (EEOC), former Atlanta fire chief Kelvin Cochran claims that the city discriminated against him because of his religion. The EEOC complaint could be an indication that Cochran plans to file a federal lawsuit against the city.

In November 2014, Cochran was suspended without pay in connection with a bible study book he wrote; the book contained controversial statements about homosexuality. According to Cochran's EEOC complaint, he was informed by city officials that his publication of the book violated unspecified city policies and that an investigation would be conducted.

When Cochran returned from his suspension, he was allegedly told that every city employee interviewed in the investigation reported that Cochran's faith influenced his leadership style. However, no employee reported specific examples of discrimination or being treated unfairly because of Cochran's religious beliefs.

Mayor Kasim Reed terminated Cochran earlier this month, stating that Cochran's "judgment and management skills were the subject of the inquiry" and that "Cochran's personal religious beliefs are not the issue." One issue raised is that Cochran distributed his book at work. Mayor Reed's decision to fire Cochran was reportedly supported by the Atlanta Professional Firefighters union.

Cochran asserts that he obtained authorization from the City's Ethics Department to publish the book, which expresses his "deeply held religious convictions on many subjects." He is claiming that the city violated his federal civil rights by discriminating against him because of his Christian religion. A rally in support of Cochran was held at the Georgia Capitol earlier this month, apparently organized by evangelical groups and leaders.

If you believe that you have been discriminated against at work, the experienced employment discrimination and civil rights attorneys at Pankey & Horlock, LLC, can advise you. We serve the entire state of Georgia. Contact us today at (770)670-6250 for a free case evaluation.

Are Georgia School Districts Immune from Federal Lawsuits?

A Georgia school district cannot claim immunity from federal lawsuits under the Eleventh Amendment to the U.S. Constitution, according to a federal circuit court in Atlanta.  The court's decision finally addresses an issue that had gone unresolved for decades.

Zaneta Lightfoot taught English and drama at Woodland High School in Georgia's Henry County School District. Because she suffered from sickle cell anemia and occasionally experienced extreme pain, she applied for, and received, leave under the Family and Medical Leave Act.  After a year of taking days off sporadically when she could not work, she received a disciplinary letter and a poor performance evaluation from the school.  She sued the school district for violating the FMLA and other laws and was terminated the following year.

Initially, a federal district court dismissed her FMLA claim on the grounds that the school district was entitled to immunity under the Eleventh Amendment.  The Eleventh Amendment generally protects states from federal lawsuits if the states have not consented to being sued under the circumstances involved.  This immunity does not shield counties or cities, but it can protect state officials and entities acting as an "arm of the state."  The 11th Circuit Court of Appeals had never ruled on whether this immunity protected Georgia schools from federal lawsuits.

Lightfoot appealed the dismissal of her case, and a panel of judges reversed the lower court's ruling, allowing the action to proceed.  The reversal hinged on whether the school district was an "arm of the state."  The Circuit Court panel said that it was, based on how state law defined the school district, the amount of state control over it, how it was funded, and who would be responsible for satisfying court judgments against it.  The court rejected the school district's argument that, because school districts enjoy sovereign immunity, they are also entitled to immunity under the Eleventh Amendment. 

The decision clears the way for a variety of federal employment law claims to be brought against Georgia school districts.

Employment rights cases are often fraught with obstacles, from constitutional questions to technical issues.  If you have been mistreated by an employer, experienced counsel can help you overcome these challenges and receive compensation for your suffering.  The skilled attorneys of Pankey & Horlock have handled cases in the Atlanta area involving discrimination, wrongful termination, and other workplace abuses for decades.  Contact our knowledgeable litigation team to schedule your confidential free case evaluation.  Call (770)670-6250 today.