What is Georgia’s whistleblower statute of limitations?
Georgia allows whistleblowers one year to file suit after an adverse employment reaction is taken, for example, being terminated. The statute was put to the test in a case in 2010 wherein the plaintiff filed a wrongful termination lawsuit against an employer who had directed him in June of 2009 to either resign or be terminated.
Ultimately, the employer was terminated by letter in November of 2009, with the suit being filed in November 2010. Originally the defendant successfully argued that the filing was barred by statute of limitations because the plaintiff learned about the action over a year prior to filing suit.
An appeals court determined that the plaintiff could not have filed suit until the decisive action was taken, and thus the moment where the statute of limitations begins made a subtle shift from “the moment the action was taken” to “the moment the plaintiff became aware of a decisive action taken.”
Anyone who has been retaliated against for whistleblowing in Georgia may benefit from speaking with an experienced attorney.
