Railroad Whistleblower Attorney
Our Lawyers Help Current and Former Railroad Employees Come Under Federal Law
If you work for a railroad carrier or any other company in the railroad industry, you are entitled to whistleblower protections under federal law. Our lawyers protect current and former railroad employees’ rights when they blow the whistle on railroad safety concerns, fraud under federal contracts, and other unlawful practices.
While the National Transportation Safety Board (NTSB) and other federal law enforcement agencies have oversight of the United States’ railroad industry, these agencies still rely heavily on whistleblowers to come forward. Current and former railroad employees are often in a unique position to disclose issues that may warrant a safety or security investigation, as well as fraud and other issues that may warrant civil or criminal enforcement.
If you are thinking about serving as a railroad whistleblower, we want to hear from you.
We Handle Whistleblower Complaints and Retaliation Claims in the Railroad Industry
Our whistleblower lawyers represent current and former employees in all segments of the railroad transportation industry—and we handle all types of railroad whistleblower claims. Whether you are thinking about disclosing a hazardous safety condition, fraud under a federal grant or federal contract, or an improper use of public funds, our lawyers can help you make informed and confident decisions about your next steps.
We handle whistleblower retaliation cases as well. If you were wrongfully terminated or experienced any other unfavorable personnel action after coming forward, you may be entitled to compensatory damages, punitive damages, and/or other remedies. Federal law strictly prohibits whistleblower retaliation in the railroad industry, and victims of retaliation have clear legal rights.
Railroad Whistleblowers Can Report Safety Violations, Fraud, and Other Violations of Federal Law
Multiple federal laws protect railroad employees (and former employees) who choose to come forward as whistleblowers. If you decide that you are prepared to blow the whistle, we can help you come forward through the appropriate means, and then we can work with the appropriate federal authorities on your behalf. Individuals we represent include:
Federal Railroad Safety Act (FRSA) Whistleblowers
The Federal Railroad Safety Act (FRSA) is the primary federal law relating to employers’ duties to prevent railroad injuries. The FRSA also includes whistleblower protection provisions, and it protects railroad personnel who report a wide range of violations. This includes (but is not limited to) common violations such as:
Hazardous Safety or Security Conditions
Railroad whistleblowers can report all types of hazardous safety and security conditions under the FRSA. If you have information about a railroad safety or security violation, our lawyers can determine whether the information you have in your possession warrants filing a whistleblower complaint. Some examples of potential grounds to file a complaint include:
- Occupational safety violations and other safety hazards
- Failure to properly respond to a work-related personal injury or work-related illness
- Threats to homeland security involving or arising out of a railroad’s operations
If you are eligible to file an FRSA claim based on a safety or security-related issue, you will be entitled to protection against retaliation once you come forward. The FRSA expressly prohibits retaliation against employees who report these issues (among others).
Requests to Violate the Law
Employers cannot ask their employees to violate the law. Under no circumstances does violating the law fall within an employee’s duties. If someone with supervisory authority asked you or a coworker to violate the law, this is a serious matter that warrants speaking with a railroad whistleblower attorney. From requests to overlook safety violations to requests to overlook the misuse of federal funds, all types of requests can serve as grounds for whistleblower claims under the FRSA.
Retaliation Against Individuals Who Speak Up
Current and former railroad employees can also report retaliation against themselves and others. If you or a coworker suffered retaliation after attempting to do the right thing, you have clear legal rights in this scenario. It is unlawful for a railroad employer to retaliate against an employee based on his or her protected activity; and, in addition to having an employment law claim, you may have an FRSA claim as well.
False Claims Act Whistleblowers
The False Claims Act prohibits railroad companies and other businesses from submitting “false or fraudulent” claims under federal contracts and federal grants. If an employee believes that he or she has information about a false or fraudulent claim, the employee can come forward under the False Claims Act by filing a qui tam lawsuit in federal court.
Our lawyers assist railroad whistleblowers with reporting violations of the False Claims Act as well. Even though filing under the False Claims Act involves going to court, whistleblowers do not have to pay any litigation costs. Our law firm provides no out-of-pocket-cost legal representation in all railroad whistleblower cases; and, if you have information about gross fraud or any other efforts to improperly secure public funds, we can take appropriate legal action on your behalf.
Railroads Must Present “Clear and Convincing Evidence” to Avoid Liability for Retaliation
As mentioned above, we handle retaliation cases as well. In these cases, it is up to the employer to demonstrate that the adverse action taken was not retaliatory in nature. This requires “clear and convincing” evidence of a legitimate justification for the action taken. Some examples of circumstances in which retaliation claims may be warranted include adverse employment actions following:
- Raising concerns about inadequate access to safety-related equipment
- Reporting on-the-job injuries and seeking first aid treatment or emergency care
- Following a doctor’s treatment plan instead of returning to work immediately
- Requesting medical assistance on behalf of an injured coworker
- Reporting damage to property occurring in connection with railroad transportation
If you and a coworker experienced the same unfavorable personnel action after reporting concerns at work, this is just one example of numerous potential signs of retaliation. If you believe that your decision to come forward was a contributing factor in your employer’s decision to take adverse employment action, our attorneys can assess your situation and advise you regarding potential next steps. You may only have 180 days to file a retaliation claim, so you should take action promptly.
What You Can Expect from Our Railroad Whistleblower Attorneys
We provide experienced legal representation for railroad whistleblowers nationwide. When you choose an attorney at our firm to represent you, you can expect strict confidentiality. You can also expect not to pay any attorney fees or other costs out-of-pocket. Contacting us does not obligate you to come forward. As we said above, we will help you make informed and confident decisions about your next steps; and, if you decide to come forward, we will represent you throughout the process.
FAQs: Serving as a Railroad Whistleblower
What are the FRSA whistleblower protections for railroad workers?
The Federal Railroad Safety Act (FRSA) protects railroad workers against job-related retaliation when they engage in protected activity. If you experienced retaliation after engaging in protected activity under the FRSA, you may be entitled to reinstatement, back pay, and up to $250,000 in punitive damages.
What qualifies as FRSA protected activity?
Under the FRSA, protected activity includes reporting safety and security issues related to companies’ railroad operations. As a railroad employee, you have the right to speak up when you have concerns, and your employer cannot (i) attempt to prevent you from speaking up; or, (ii) take retaliatory action after you come forward.
Can I be fired for reporting an injury or seeking prompt medical attention?
You cannot legally be fired for reporting an injury or seeking prompt medical attention as a railroad employee under the FRSA. Along with firing, the FRSA also prohibits demotion, harassment, and other types of adverse employment actions. If your employer violates (or has violated) your rights under the FRSA, you may be entitled to reinstatement and damages.
What if I experience adverse action in violation of the FRSA?
If you believe that you have experienced an adverse employment action in violation of the FRSA, you should consult with an experienced railroad attorney promptly. While you have clear legal rights in this scenario, it is up to you to protect them. An experienced railroad attorney will be able to take appropriate legal action on your behalf. Depending on the circumstances, this may involve filing a complaint with a federal agency (the Occupational Safety and Health Administration (OSHA)) or seeking appropriate remedies from an administrative law judge (ALJ).
Are railroad whistleblowers entitled to monetary rewards?
The Federal Railroad Safety Act (FRSA) does not include whistleblower reward provisions. However, railroad whistleblowers may be eligible to seek rewards under the False Claims Act. In False Claims Act cases, eligible whistleblowers can receive between 15% and 30% of the funds the government recovers.
Schedule a Free and Confidential Consultation with a Railroad Whistleblower Lawyer at Oberheiden P.C.
Are you interested in learning more about serving as a railroad whistleblower? If so, we invite you to get in touch. To schedule a free and confidential consultation with an experienced railroad whistleblower lawyer at Oberheiden P.C., call us at 866-320-3959 or contact us confidentially online today.