Skip to main content

4.11 Whistleblower Policy

Purpose

THE COMPANY is committed to compliance with all applicable federal and state laws, and to operating with integrity, fairness, and accountability. This policy ensures that Team Members can safely report concerns without fear of retaliation, consistent with the Whistleblower protections established under federal and Georgia law.

 

Definition of Whistleblower

A whistleblower is any Team Member of THE COMPANY who, in good faith, reports actual or suspected:

  • Illegal conduct (e.g., theft, fraud, embezzlement, falsification of records);
  • Violations of law including but not limited to:
    • Occupational Safety and Health Act (OSHA), 29 U.S.C. § 660(c) – workplace health and safety violations;
    • Fair Labor Standards Act (FLSA), 29 U.S.C. § 215(a)(3) – wage/hour or pay violations;
    • Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a) – discrimination, harassment, or retaliation;
    • Americans with Disabilities Act (ADA), 42 U.S.C. § 12203(a) – disability discrimination/retaliation;
    • Family and Medical Leave Act (FMLA), 29 U.S.C. § 2615 – unlawful denial of leave rights;
    • Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(d) – age discrimination/retaliation.
  • Georgia Public Policy including:
    • Georgia Whistleblower Act (O.C.G.A. § 45-1-4) (public employees; used as guiding principle for private-sector compliance);
    • Georgia case law protecting employees from termination in violation of public policy.

Whistleblowers are not required to prove wrongdoing; they are responsible only for reporting concerns honestly and in good faith.

 

Reporting Procedures

Reports may be made by:

  1. Direct Supervisor – unless the supervisor is the subject of the concern;
  2. District Manager or Director of Operations – for serious concerns or if a supervisor is implicated;
  3. Written Reporting – Team Member Whistleblower/Concern Report Form;
  4. Government Agencies – Team Members may also report directly to federal or state enforcement agencies without notifying THE COMPANY first, consistent with federal whistleblower rights.

Knowingly false or malicious reports are prohibited and may result in discipline, but good faith errors or mistaken reports remain fully protected.

 

Confidentiality

Consistent with EEOC, OSHA, and DOL standards, THE COMPANY will make every effort to keep reports confidential. Disclosure may occur only as needed to:

  • Conduct a complete investigation;
  • Comply with federal or state law;
  • Protect the due process rights of the accused.

 

Non-Retaliation Protection

Retaliation is strictly prohibited under both federal and state law. THE COMPANY will not take any adverse action against a Team Member who reports in good faith or participates in an investigation.

Retaliation includes but is not limited to:

  • Termination, demotion, or reduction in hours (OSHA, 29 U.S.C. § 660(c));
  • Denial of pay, promotion, or benefits (FLSA, 29 U.S.C. § 215(a)(3));
  • Harassment, intimidation, or threats (Title VII, 42 U.S.C. § 2000e-3(a));
  • Unlawful interference with leave rights (FMLA, 29 U.S.C. § 2615).

Any Team Member who believes they are being retaliated against must immediately notify THE COMPANY. Verified retaliation will result in discipline up to and including termination.

⚖️ Note: Protection from retaliation does not grant immunity for the whistleblower’s own misconduct discovered during the investigation.

 

Investigation and Resolution

  • All reports will be promptly and thoroughly investigated, consistent with DOL, OSHA, and EEOC best practices.
  • Corrective and/or disciplinary action will be taken when misconduct is substantiated.
  • Whistleblowers will be informed of the outcome when appropriate and legally permissible.

 

Business Abuse Reporting

Team Members are expected to report violations, including but not limited to:

  • Theft of food, cash, or property;
  • Payroll fraud, time theft, or falsifying records;
  • Food safety or OSHA violations;
  • Discrimination, harassment, or workplace violence;
  • Misuse of THE COMPANY resources or unethical conduct.

 

Management Responsibilities Addendum

This addendum establishes the responsibilities of all Supervisors, Assistant Managers, Restaurant Managers, and Directors when they receive a whistleblower or business abuse report. Proper handling of reports is essential to ensure compliance with federal and Georgia law and to protect THE COMPANY from liability.

 

Duty to Receive Reports Professionally

  • Managers must listen carefully, document the concern, and thank the Team Member for bringing the issue forward.
  • Reports must be taken seriously, respectfully, and confidentially, regardless of whether the manager personally agrees with the concern.
  • Managers must not attempt to discourage, intimidate, or influence a Team Member’s decision to report.

 

Mandatory Escalation

  • All reports must be forwarded immediately to THE COMPANY for review using the Management Whistleblower/Business Abuse Report Form.
  • Managers are not permitted to independently investigate or resolve a whistleblower complaint, except to gather initial facts for documentation.
  • Delaying or concealing a report is a violation of THE COMPANY policy and may result in discipline.

 

Confidentially Obligation

  • Managers must treat all reports as confidential information.
  • Details should only be shared with:
    • The Director of Operations,
    • The DGI Office Team
    • THE COMPANY Owner
    • Human Resources, or
    • Legal counsel, if applicable.
    • Managers may not discuss reports with coworkers, family, or outside parties unless legally required.

 

No-Retaliation Retaliations

  • Managers must ensure no retaliatory action is taken against any Team Member who reports in good faith.
  • Retaliation includes:
    • Termination, demotion, or reduced hours;
    • Negative scheduling changes or denial of overtime;
    • Harassment, intimidation, or isolation;
    • Negative performance reviews or discipline without legitimate cause.
  • Managers remain personally accountable if they engage in or permit retaliation.

 

⚖️ Legal References:

  • OSHA, 29 U.S.C. § 660(c) (no retaliation for safety complaints)
  • Title VII, 42 U.S.C. § 2000e-3(a) (no retaliation for discrimination complaints)
  • FLSA, 29 U.S.C. § 215(a)(3) (no retaliation for wage complaints)
  • Georgia common-law public policy protections

 

Documentation Requirements

  • Managers must prepare a written summary of the report, including:
    • Date and time of report;
    • Name of reporting Team Member (unless anonymous);
    • Details of the concern;
    • Any immediate actions taken.
  • Documentation must be completed on the FORM within 24 hours.

 

Cooperation with Investigations

  • Managers must fully cooperate with internal or external investigations.
  • This includes providing requested documents, witness information, and truthful statements.
  • Managers may not interfere with, obstruct, or influence the investigation process.
  • Failure to follow this Addendum may subject a Manager to disciplinary action, up to and including termination.
  • Managers may also face personal liability under federal law if they retaliate against a whistleblower.

 

Managers Liability 

  • Failure to follow this Addendum may subject a Manager to disciplinary action, up to and including termination.
  • Managers may also face personal liability under federal law if they retaliate against a whistleblower.

 

External Agency Reporting

THE COMPANY encourages Team Members to report concerns regarding violations of law, fraud, safety hazards, wage issues, discrimination, harassment, or unethical conduct. Team Members may report concerns internally or directly to any federal, state, or local agency without fear of retaliation.

Team Members have the right to contact:

  • The U.S. Department of Labor
  • OSHA
  • EEOC
  • Georgia Department of Labor
  • Law enforcement
  • Any legally authorized government agency

THE COMPANY will not discipline, terminate, threaten, or retaliate against any Team Member for making a good-faith report or participating in an investigation. Knowingly false reports are prohibited.

Back to top