Can I be fired for refusing to do something illegal at work?

Asked in Atlanta, GA on November 22, 2024 Last answered on November 22, 2024

I was an accountant for a company in Atlanta and I was recently fired after refusing to falsify company reports. I'm concerned that my termination might be illegal because I refused to engage in unlawful activity. Can anyone tell me if I can be fired for refusing to do something illegal at work?

1 answer

Michael Caldwell
Answered by:

Michael Caldwell

Atlanta, GA
DeLong, Caldwell, Bridgers, Fitzpatrick & Benjamin, LLC 678-973-4864
Virtual Appointments
Answer

In general, unless you have an employment agreement or a contract that specifies a certain period or duration of employment, Georgia employees are employed "at-will." This means you can quit or be terminated for no reason. But this rule has limitations: They include employment contracts, and federal or state statutes that prohibit termination for certain reasons. The anti- discrimination statutes (e.g., Title VII) specify certain reasons upon which an employer may not base a termination decision. If the employer fires an employee for one of those reasons, the employee can sue for unlawful discrimination (usually after completing a federal charge process). Private (non-government) employees, also have certain whistleblower protection laws under federal or state statutes. For example, if your company is publicly-traded on a stock exchange, the Sarbanes-Oxley Act provides whistleblower protections for disclosing fraud sufficiently significant that it might adversely impact the value of the company's stock shares. The Internal Revenue Code also has whistleblower protection provisions for reporting an employer's tax fraud.

There are strict procedural requirements and time limits for using these whistleblower laws; so, it is important to consult with an attorney as soon as possible before your rights expire.

November 22, 2024

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