Railroad workers have strong whistleblower protections and cannot be fired or retaliated against for reporting federal safety violations. If you believe that you have been punished or penalized by your employer for reporting violations, you need to speak to the team at Poolson Oden. An FRSA railroad retaliation lawyer can investigate for retaliatory behaviors and help you sue your employer for violating whistleblower protections.
Contact our offices online or call today to schedule a case consultation with an Alexandria FRSA railroad retaliation lawyer.
What Is the FRSA?
The Federal Rail Safety Act (FRSA) is a piece of federal legislation that provides whistleblower protections for employees who assert their right to a safe and secure workplace. Under the FRSA, rail companies cannot demote, punish, or otherwise retaliate against railroad employees who report them for violating federal safety regulations.
More specifically, the FRSA protects rail employees from discrimination in the workplace for engaging in any of a number of protected activities:
- Reporting hazardous safety or security concerns
- Refusing to violate federal rail safety laws
- Notifying a transportation agency about a work-related illness or injury
- Cooperating with federal investigations regarding rail safety
- Following prescribed medical treatments
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Employers Cannot Retaliate Against Employees Who Report Safety Violations
The FRSA forbids railroad employers from retaliating against their employees for engaging in protected activities. Retaliation is a broad term and can include any kind of adverse job action that makes it harder for you to work. Examples of employer retaliation include:
- Firing, demoting, or removing responsibility
- Passing over for expected promotions
- Giving inaccurate employee feedback
- Reducing work hours without explanation
- Threatening or intimidating
- Withholding valid employee benefits
- Harassment and creating a hostile work environment
For example, say that an employee reports their employer for violating federal rules regarding the transportation of hazardous materials by rail. Two weeks later, the employee gets fired from their position without cause. In this case, it could be argued that the firing was the result of employer retaliation.
Other Whistleblower Laws that Apply to Rail Workers
The FRSA specifically establishes whistleblower protection for railroad employees, but there are also more general whistleblower protections that could apply to railworkers. For example, the Sarbanes-Oxley Act provides general whistleblower protections for employees who report financial fraud from their companies.
These types of retaliation claims are less common in rail worker employment cases, but they could apply to railworkers who gain knowledge of their employer’s fraudulent corporate activity regarding financing and investments. An FRSA railroad retaliation lawyer in Alexandria can help you determine whether your situation applies.
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How to Prove Retaliation in FRSA Cases
In order to bring a successful FRSA retaliation lawsuit, you need to show:
- You engage in a protected activity under the FRSA
- The employer knew about the activity
- The activity was a contributing factor to the adverse job action
Notably, under the FRSA, you don’t need to prove your employer intended to retaliate against you. All you need to do is show that the protected activity was a ‘contributing factor’ in the decision.
Evidentiary standards for a contributing factor framework are tilted in favor of employees. Typically, these cases rest on proving a ‘knowledge-proximity’ claim—i.e., proving the employer had knowledge of the activity and the adverse job action followed soon after.
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Remedies for Rail Worker Retaliation Under the FRSA
If your employer violated FRSA protections by retaliating against you, you can file an employment lawsuit against them to recover financial compensation. Components of FRSA lawsuit compensation include:
- Back pay for the unpaid work hours and the missing work benefits
- Reinstatement or promotion to original position
- Front pay for future lost pay if reinstatement isn’t possible
- Litigation costs and attorney fees
- Non-economic damages from pain, suffering, and emotional distress
The FRSA also allows courts to award up to $250,000 in punitive damages for egregious violations. A lawyer can push for punitive damages if the employer acted with callous disregard for the employee’s safety and security.
How Long Do I Have to File an FRSA Railroad Retaliation Lawsuit?
The statute of limitations for FRSA claims is only 180 days, meaning you have 180 days from the date of the alleged violation to take legal action. If you wait longer than that, you’ll lose your capacity to legally sue for financial damages.
As such, it’s in your best interest to start as early as possible. The sooner you begin, the easier it will be to prove the retaliation happened and prove your economic and non-economic losses. An FRSA retaliation lawyer in Alexandria can promptly initiate your claim and complete the filing within the time limit.
Contact an FRSA Railroad Retaliation Lawyer in Alexandria
Many employers illegally retaliate against their workers simply because they think they can get away with it. The team at Poolson Oden can hold rail companies accountable for violating FRSA protections and help fight for due compensation for your losses.
Send us a message today or call us by phone to schedule a free case consultation with an FRSA railroad retaliation lawyer in Alexandria.