Switch to ADA Accessible Theme
Close Menu

Tag Archives: Whistleblower Protection

OSHA Decision Determines That A Firing In Retaliation For Filing A Whistleblower Claim Is A Serious Violation Of The FRSA

By Berman, Sobin, Gross, Feldman & Darby LLP |

On March 26, 2012, the Occupational Safety and Health Administration (OSHA) issued a decision in a Whistleblower case that requires CSX Transportation to pay punitive damages for dismissing a Railroader for filing a claim under the FRSA that alleged that he had been disciplined for raising various safety issues. The case involved a dispatcher… Read More »

Facebook Twitter LinkedIn

Whistleblower Decision Illustrates Elements Necessary For A Successful Claim

By Berman, Sobin, Gross, Feldman & Darby LLP |

Several weeks ago, I posted the summary of case decided by Judge Theresa C. Timlin of the U.S. Deparment of Labor that discussed the idea that an absence from work for a non-work related medical reasons is a protected activity under the FRSA. Last fall, she issued a decision in another Whistleblower case that… Read More »

Facebook Twitter LinkedIn

Recent Whistleblower Decision Determines That Absence For Non-Work Related Medical Reasons Is A Protected Activity Under The FRSA

By Berman, Sobin, Gross, Feldman & Darby LLP |

On February 10, 2012, Administrative Law Judge, Theresa C. Timlin, of the U.S. Department of Labor, issued an Order directing the Port Authority Trans-Hudson Corporation (PATH) to pay a Railroader back pay for a suspension imposed because he was absent from work pursuant to orders from his treating doctor for a non-work related injury…. Read More »

Facebook Twitter LinkedIn

Recent Whistleblower Decisions

By Berman, Sobin, Gross, Feldman & Darby LLP |

The following are significant decisions that were recently issued by the U.S. Department of Labor pursuant to the Federal Railroad Safety Act (FRSA), 49 U.S.C. §20109. On August 22, 2011, the Department of Labor issued an Order directing the Union Pacific Railroad Company to pay back wages in the amount of $3,437.10, punitive damages… Read More »

Facebook Twitter LinkedIn

Federal Whistleblower Protection For Injured Railroaders

By Berman, Sobin, Gross, Feldman & Darby LLP |

Railroad employees have long recognized that their employers have a well established culture of harassment and intimidation with regard to the reporting of work related injuries. As a result of this harassment, it is a violation of Federal Law for a railroad to: “discharge, discriminate, demote, suspend, reprimand, or in any way discriminate, in… Read More »

Facebook Twitter LinkedIn