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Retaliation and Whistleblower

Railroad Employee Retaliation

The law prohibits employers from retaliating against railroad employees who engage in protected conduct, such as reporting a workplace injury.

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Railroad Employee Retaliation Details

The FRSA, 49 U.S.C. § 20109, is one of the most employee protective laws in the country. 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.

If you work or worked for the railroad and believe you have been subjected to retaliation, contact our employment attorneys immediately as these claims must typically be filed within 180 days after the adverse employment action.

Examples of Potential Railroad Discrimination

Potential violations may include:

  • The railroad tries to talk you out of reporting an injury or safety concern.
  • The railroad interferes 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 disciplines 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).
  • The railroad disciplines you with “late reporting” or "dishonesty" in connection with your report of an injury or safety concern.

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