Is it considered to be whistleblowing retaliation if my boss told me things that could get him fired but he fired me instead?

Asked over 1 year ago - Duluth, GA

My boss fired me after 5 days of employment after he told me I was doing a great job the day before. The day before I was fired my boss told me that he comes in to work early to get ready for the day, he doesn't do work but just hangs out on the clock. He also went to McDonalds in a work vehicle while doing business work which says in our handbook we are not suppose to so I didn't go in with him. The next day he didn't let me do any work and told me to read a 60 page book then fired me. I believe that because I would not do things against company policy he let me go for not having the it factor, which he put down as "poor performance" after he said that he couldn't put that I didn't have the "it" factor on the gov't paperwork. I know GA is a right to work state but can that be retaliation?

Attorney answers (1)

  1. Michael David Bixon


    Contributor Level 8

    Answered . Since your boss initially indicated that you had a good performance his later assessment of you seems to be misleading which might be a case of wrongful termination. However, the whistleblower statute is designed to protect those who are terminated from their jobs for reporting misconduct of some sort. Since you did not act on the information that he gave you regarding his misconduct on the job it would not apply to you.

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