Practice Areas

Railroad Employees

The Federal Railway Safety Act is one of the most employee–protective laws in the United States.  It prohibits railroads from retaliating against employees who engage in “protected activity.”  This activity includes notifying a railroad of an injury, seeking medical treatment, reporting a safety concern, and refusing to follow an unsafe order.

Retaliation generally takes the form of abolishment of a position, intimidation or harassment, discipline or reprimand, and/or termination.  Potential violations may include:

  • The railroad trying to talk you out of reporting an injury or safety concern;
  • The railroad interfering with you seeking medical treatment (e.g., failing to, upon request, immediately take you to the nearest hospital, and/or failing to give you privacy during your medical examination);
  • The railroad disciplining you for a rule violation in connection with an injury or your report of a safety concern (e.g., blaming you for the injury, alleging that you were not “alert and attentive,”  and/or charging you with insubordination for raising a safety concern or refusing to follow an unsafe order); or
  • The railroad disciplining you with “late reporting” or “dishonesty” in connection with your report of an injury or safety concern.

Railroad employees have rights to be free from this retaliation, and our firm protects those rights. Please contact us for more information.

James H. Kaster

Employment Law Attorney
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