Workplace Retaliation in Georgia: What Employees Need to Know

By: Alex Meier

Last updated: April 2026

Many employees sense that something changed after they spoke up about a problem at work. They complained about discrimination or harassment, raised wage concerns, requested leave or an accommodation, or reported unsafe or unlawful conduct. Then came the write-ups, schedule changes, loss of opportunities, suddenly poor reviews, or an unexpected termination. That may be retaliation, but legally actionable retaliation exists only if the adverse action occurred because of specific, legally protected actions. This guide provides a brief overview on one of the most common conversations we have with potential clients: explaining what legal retaliation is.

What counts as protected activity

People regularly contact us to ask if they have a claim for “retaliation” against their employer. Using the ordinary definition of retaliation, many have been retaliated against. For example, an employee might say that their manager was being a bully towards them and they complained that they weren’t being treated fairly, then the manager fired them for no reason soon after they complained. While that might be retaliatory by the manager, it does not create a retaliation claim.

There is no discrete cause of action for “retaliation” under federal or Georgia law. Instead, many federal statutes that prohibit certain conduct also create a claim for retaliation if a person or employee experiences some negative consequence because they reported some unlawful act. But, to have a claim for retaliation, you must have done something that the statute recognizes as protected activity.

In the employment context, the most common retaliation claims involve the following:

• Complaining about or refusing to participate in discrimination, harassment, or unequal treatment based on race, gender, age, religion, national origin, citizenship, sexual orientation, or pregnancy.
• Reporting unpaid wages owed under the Fair Labor Standards Act, overtime violations, or off-the-clock work.
• Requesting or taking FMLA or disability leave, pregnancy-related adjustments, or disability accommodations.
• Participating in an HR investigation, agency charge, or internal complaint process that relates to a protected activity.
• Reporting fraudulent activity involving a publicly traded company.
• Reporting fraudulent practices that result in payments from the government.
• Reporting worker safety issues.
• Attempting to unionize or engage in collective discussions about the workplace.

What does not count as protected activity

However, people are often surprised at what does not qualify as protected activity under federal and Georgia law. We often get calls from potential clients who are confident that they were retaliated against. But, regardless of whether they are right, the conduct they engaged in isn’t protected by any statute, so they do not have a claim. Some examples of activity that is not protected that people find surprising are:

• Making a complaint to HR (excluding the above complaints) or making a generic complaint of “hostile work environment” or “unfairness.”
• Complaining about poor behavior by a manager or coworker.
• Reporting a mistake committed by another employee.
• Complaining about unpaid commissions or incentive compensation.
• Reporting patient safety issues.
• Reporting unlawful activity when that statute does not include an anti-retaliation provision.

Neither federal nor Georgia law contains a generally applicable whistleblower or anti-retaliation statute. However, employees in other states may be able to rely on other state whistleblower laws.

What can count as retaliation

Retaliation requires that the claimant experience some kind of adverse employment action. Common adverse employment actions include:

• Reduced hours or pay, schedule manipulation, or reassignment to worse duties.
• Write-ups, heightened scrutiny, or a sudden performance improvement plan.
• Exclusion from meetings, projects, or advancement opportunities.
• Pressure to resign or other actions that would discourage a reasonable employee from speaking up.

Additionally, an employee may be able to claim that their employer subjected them to a retaliatory hostile work environment if the employer creates an extremely unpleasant work environment.

What employees usually need to show

Most retaliation statutes contain three core elements: (1) the employee engaged in protected activity; (2) the employer knew about it; (3) the employee experienced an adverse employment action because of the protected activity.

Specific statutes may include other requirements. For example, some retaliation statutes require that the employee’s complaint be made in writing.

What to preserve

Please see our guide about document preservation.

What are common mistakes employees make

The most common mistake made by an employee is not providing enough detail when they make a complaint. A general complaint that a person “is a poor leader” or that a manager is “creating dangerous situations at work” is likely not sufficiently specific to put an employer on notice of a protected complaint. A complaint should be made with enough specificity and detail to clearly identify the issue.

Another common mistake is that the employee will not directly tell their supervisor about the issue or fact that they have filed a complaint. A key part of a retaliation claim is that the employer needs to know that the employee engaged in protected activity. If, for example, an employee complains to HR, then the employee is fired by the manager, the employee will have a difficult time establishing that the manager knew about the employee’s protected activity.

And employees must remember that making a protected complaint does not protect them from losing their job or enable them to avoid doing their job. An employee cannot rely on a complaint to become insubordinate or avoid getting fired for doing things that other employees would also be fired if they did.

Finally, employees may resign because they believe they can see the writing on the wall. That is a mistake; even if the work environment is difficult, resigning can seriously impact available damages.

Frequently Asked Questions

Do I need to be fired to have a retaliation claim?

No. Retaliation can include termination, but it can also include demotion, reduced hours, write-ups, heightened scrutiny, or other adverse employment actions.

Do I have to use legal buzzwords to be protected?

Not always. The complaint or activity still must relate to conduct protected by a workplace law, but formal legal phrasing is not always required. The complaint must, however, be sufficiently clear to establish that it is protected activity.

Example: “I am not being treated fairly by my manager.” Not protected activity.

Example: “My manager treats women on his team worse than men.” Protected activity.

Do I have to make a complaint in writing?

No, but having the complaint in writing can be very helpful because it documents the concern raised and the date it was raised.