While your work on the railroad may be inherently dangerous, you may feel assured knowing that Federal Rail Safety Act (FRSA) guidelines are being implemented. But if you notice your employer falling short of these expectations, you should feel confident enough to report it. That is, you should not shy away from potentially putting yourself and others in harm’s way out of fear that your employer will punish you. With that being said, please follow along to find out what to do if your railroad employer retaliates against you and how one of the proficient railroad whistleblower retaliation (FRSA) lawyers at Hildebrand McLeod & Nelson LLP can help you navigate your possible legal avenues.
How do I know if I am experiencing workplace retaliation?
First of all, the FRSA was amended in 2007 to include provisions that inhibit railroad employers from retaliating against employees for reporting a potential safety hazard in the workplace or a personal injury accident, injury, or illness that manifested from the workplace. This also holds that an employer cannot punish an employee who refuses to violate a railroad safety law, and they cannot interfere with their medical care and first aid treatment in an attempt to minimize losses and liability. Now, you may know that you are being made the victim of such retaliatory practices in the following circumstances:
- You may notice that your employer began scheduling you for fewer hours or unfavorable shifts.
- You may have been demoted or terminated from your position with no reasonable explanation by your employer.
- You may be constantly made uncomfortable during your shift as your employer creates a hostile work environment.
- You may have been denied a promotion or career-advancing opportunity with no reasonable explanation by your employer.
What should I do if my railroad employer retaliates against me?
Whether you reported an FRSA violation or filed a Federal Employers’ Liability Act (FELA) claim, there is no legal reason why your employer should make you the victim of retaliation or unfair actions. But if you are, you may have an additional legal claim against your employer on your hands. Notably, with a successful workplace retaliation claim, you may recover any culmination of the following damages:
- Your railroad job back if you were wrongfully terminated for your reporting practices.
- Your lost wages and benefits if you were wrongfully demoted, terminated, or denied promotional opportunities.
- The debts associated with you having to take legal action, such as lawyer fees and court fees.
- The punitive damages ruled by the civil court, worth up to $250,000.
If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to one of the talented railroad whistleblower retaliation (FRSA) lawyers for more information. The team at Hildebrand McLeod & Nelson LLP will be glad to represent you in your upcoming legal case.
