You have the right to file a whistleblower complaint with OSHA if you feel that your employer or someone else violated the law by retaliating against you for filing a safety complaint.
This is what happens once you file your complaint:
- OSHA or others within the Department of Labor will investigate your complaint, to include reviewing all of the evidence you submitted along with your complaint
- If they feel your complaint is valid, the Secretary of Labor will order your employer to provide compensation for the harm done to you
- If your employer does not comply with this order, the Secretary of Labor may take legal action against them
- If either you or your employer disagrees with the Secretary’s decision, the dissenting party may file a court case
- Our railroad retaliation FRSA lawyers can make sure your case goes smoothly and help you recover whatever compensation you are entitled to
How to File a Whistleblower Complaint and What Happens After
According to the Occupational Safety and Health Administration (OSHA), there are several ways you can file a whistleblower complaint:
- Using their online form
- Calling their office
- Sending a letter in the mail
- Sending a letter via fax or email
- Visiting your local OSHA office in person
You must file your complaint within the applicable deadline, which is usually one to six months from the time the retaliation occurred. It is important to submit your complaint within this deadline in order to protect your rights, so the sooner you get in touch with our railroad attorneys, the easier it may be to prevent unnecessary delays or complications.
Potential Outcomes to Your Whistleblower Complaint
What happens when you file a whistleblower complaint depends on how strong your complaint is. Under the Federal Railroad Safety Act (FRSA), it is up to you to prove your case against your employer. We can help you do so by collecting evidence from:
- Past complaints filed by you and others against the employer
- Statements made by you, your coworkers, your employer’s representatives, and experts
- Communications between you and your employer (e.g., emails or texts)
Based on the available evidence, the government may:
- Agree with your complaint. If this happens, they will contact your employer and tell them to stop all illegal behavior. They can also take your employer to court if they fail to comply with the order.
- Disagree with your complaint. If they side with your employer, our railroad retaliation attorneys can take your case to the next level by going to the U.S. Court of Appeals. Alternately, if your employer disagrees with the Secretary’s order, they, too, may file an appeal. We can fight their appeal at trial.
- Not issue a decision. If there is a delay in deciding your claim, you can bring your case to the local district court 210 days after filing your whistleblower complaint.
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Reasons for Filing a Whistleblower Complaint
If you are considering filing a whistleblower complaint, it is because you have already taken action against an unsafe employer in some way. For example, perhaps you:
- Reported a traumatic brain injury related to a railroad accident that was caused by an unsafe workplace
- Refused to work in an unsafe environment
- Refused to break the law
- Provided testimony or other materials to a government agency that was investigating your employer for allowing unsafe work conditions
Railroad workers have the right to file a whistleblower complaint if their employer has retaliated against them for any of the protected activities described above. Grounds for becoming a whistleblower include:
- Wrongful termination
- Having your pay docked or your hours reduced
- Being reprimanded or threatened for taking protected action
- Having medical treatment denied or delayed after a workplace injury
Can You Get Compensation for Whistleblower Retaliation?
Potentially, yes. Under the FRSA, employees with successful claims are “entitled to all relief necessary to make the employee whole.” That may include:
- Backpay (including interest)
- The costs associated with fighting your case, including attorneys’ fees
- The reinstatement of your old job and/or any promotions or awards you would have earned had the employer not retaliated against you
In extreme cases, you may also be awarded up to $250,000 in punitive damages. Punitive damages are reserved for situations where you can prove an employer’s actions go beyond ordinary retaliatory actions. This is a difficult threshold to meet, but our attorneys can help you meet it if it is applicable to your case.
Can You Pursue Multiple Actions After Whistleblower Retaliation?
No. By taking action under the FRSA, you are barred from seeking compensation or justice under any other law. Fortunately, the FRSA is generally sufficient, allowing employees to fight for what they need.
Seeking Whistleblower Compensation May Be Easier with Our Help
Your employer has already fought against your protected, good-faith efforts to improve working conditions. It is therefore possible that they will also fight against your whistleblower complaint as well. They will certainly employ a team of attorneys who have experience fighting claims like yours.
At our law firm, we believe that the best way to protect our clients is by providing information and educating them about their rights. We can provide crucial support during a difficult time by:
- Supplying you with legal resources that can help you better understand and act on your rights as a whistleblower
- Putting an entire team on your case, including a case manager, trial attorneys, and a field representative
- Collecting all evidence on your behalf so you do not have to worry about doing so by yourself
- Conducting research and working with local lawyers to determine which judges may be most inclined to view your case favorably
- Doing everything possible to keep your identity a secret from your employer
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Our Law Firm Protects Whistleblowers
Poolson | Oden Injury Lawyers have helped railroaders with their whistleblower claims, holding railroads accountable for their retaliatory acts.
One such case, US Department of Labor ordered CSX Transportation Inc. to pay worker who raised safety concerns nearly $222K in back wages, damages, and the OSHA investigation found a pattern of retaliation as reported on by the U.S. Department of Labor and Railway Track and Structures.
Poolson | Oden Injury Lawyers believes that the right to file a whistleblower complaint is a vital tool for maintaining safe work environments. To protect your rights, we can assemble a complete legal team to investigate your case, explain what happens when you file a whistleblower complaint, and advocate for you.
Call now for a free consultation.
