Yes, there is whistleblower protection for railroad employees. Under the FRSA, it is the employee’s right to file a complaint if they have reason to believe their employer is retaliating against them for an earlier complaint or action. Retaliation is illegal, and offending employers could be compelled to pay damages.
Unfortunately, just because it is illegal to retaliate against a whistleblower does not mean certain employers will not try to do so anyway. Our railroad retaliation FRSA lawyers can protect you against termination, demotion, and other retaliatory actions.
What is a Whistleblower Complaint, and What is Retaliation?
A whistleblower complaint is a way to report your employer for trying to punish you for exercising your right to report workplace safety violations or for participating in an investigation against the employer. Under the Federal Railroad Safety Act (FRSA), retaliation may:
- Be carried out by a railroad company or any of their employees or contractors
- Take various forms, including being fired or being written up or reprimanded
You also have the right to file a complaint if your employer deliberately prevented or delayed you from receiving necessary medical care after a workplace accident.
If you choose to file a whistleblower complaint, remember that there is whistleblower protection for railroad employees. The Occupational Safety and Health Administration (OSHA) protects whistleblowers by keeping their identities secret.
While you cannot submit your complaint anonymously, the government will not reveal your identity to your employer if you do not want them to.
How Can You Tell if an Employer is Retaliating Against You?
Retaliation is illegal, and there are whistleblower protections for railroad employees. For these reasons, your employer will probably not tell you that the actions they take against you are retaliation. Instead, they might make excuses that sound legitimate, such as:
- They are letting you go because the company is downsizing or reorganizing
- You are being reprimanded for some other infraction (even if the supposed offense would not normally warrant such an action)
- They are cutting your hours or your pay because of budgetary restrictions
Our railroad lawyers can investigate your situation and find out if you are being retaliated against. If so, we can find proof of this fact and hold your employer accountable.
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What You Can Do to Protect Your Rights as a Whistleblower
The government has enacted laws to protect whistleblowers. For example, under the FRSA, the government cannot reveal the whistleblower’s identity except under very specific conditions, such as if you provide written consent.
In most instances, when the railroad terminates a railroad worker as retaliation, our law firm has helped our clients get reinstated and return to their craft.
In addition, you have the right to hire our railroad retaliation attorneys to guide you through this process. We can:
- Draft the complaint for your review and file it on your behalf
- Collect evidence that could strengthen your complaint, such as documentation you received from the employer (e.g., threatening emails or a notice of termination)
- Prepare you for any interviews the investigators ask to conduct with you
- Represent you at any hearings or meetings with the other parties involved in your case
- Educate you about your options so you are always prepared, no matter which way your case goes
- Handle the OSHA investigation process, and then file your case with the Administrative Law Judge (“ALJ”) if the OSHA investigation determination is not favorable
- Go to trial before the ALJ
Be Careful What You Say About Your Whistleblower Complaint
Your main protection after filing a whistleblower complaint is your anonymity. To shield your identity, it is a good idea to speak with our attorneys and get a clearer idea of:
- Who you should and should not discuss your case with
- What you can say to your employer and others involved in the case
- How you should respond to any questions asked by those investigating the complaint
Remember that our legal team can be here if your employer suspects your identity and tries to retaliate.
The Benefits of Filing a Whistleblower Complaint
Filing a complaint after your employer has already made it clear they want you to keep quiet can be intimidating. However, there are several potential benefits to taking action:
- You can get compensation. A whistleblower complaint could be the only way to compel your employer to give you back your job or rank, reimburse you for backpay, and cover the legal costs you incurred in filing your complaint.
- You can hold your employer accountable. Railroad companies need to know that the law applies to them too. Exposing their illegal, toxic behaviors and making them pay the price can discourage such behavior in the future.
- You can make your workplace safer for everyone. No one should be subjected to the unsafe conditions and retaliation that you have. By filing a complaint and getting the government involved, you can prevent others from having to endure the same experiences.
- You can appeal an unfavorable decision. Even if the Department of Labor initially rules against your claim, you still have a chance of getting justice. Our railroad law firm can file a case with an Administrative Law Judge (“ALJ”) and present your case at trial.
Railroad Employees do not Need to File Complaints Alone
There is never a guarantee that your employer will respect your right to file a complaint, despite the laws that protect this right. For your own sake, it is a good idea to seek legal representation from our firm as soon as possible to minimize your employer’s chances of being able to take advantage of you.
As part of our promise to you, we can get you whatever medical care you need for any workplace injuries and fight for top dollar after your employer’s retaliation robs you of your normal wages and financial resources. It is our mission to protect workers like you and make the railroad industry safer for everyone.
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Let Our Railroad Attorneys Protect You After a Whistleblower Complaint
If you believe you were retaliated against or that your employer is planning to retaliate against you, call Poolson | Oden Injury Lawyers now for a free case review.
Our legal team wants you to know that there is whistleblower protection for railroad employees. We can educate you about your rights so that it is easier for us to work together to protect both you and your fellow workers.
