Railroad Whistleblower Reward

Railroad Employees May Be Entitled to Whistleblower Rewards or Other Compensation  

If you work for a railroad carrier or any other company in the railroad transportation industry, you have clear legal rights. These include rights that apply when you come forward as a whistleblower. Railroad whistleblowers can receive monetary rewards in some cases, and they can also seek compensation if they experience retaliation after coming forward.

Railroad personnel have clear legal rights under federal law. These include rights related to serving as a whistleblower.

As a railroad whistleblower, your legal rights depend on the specific federal law under which you are eligible to come forward. The False Claims Act includes provisions for both whistleblower protections and whistleblower rewards. While the Federal Railroad Safety Act (FRSA) provides anti-retaliation protections only, it allows current and former employees to seek substantial damages awards when their employers engage in unlawful retaliation.

Railroad Whistleblower Rewards Under the False Claims Act

The False Claims Act is a federal whistleblower statute that allows current and former employees in the railroad industry to expose “false or fraudulent claims” submitted under federal contracts and federal grants. Whistleblowers can file complaints related to all types of fraudulent practices. The following are just examples:

• Fraudulently obtaining funds from the Federal Railroad Administration or improperly using public funds appropriated for railroad safety
• Fraudulently billing the government for equipment track or structures under a federal contract
• Fraudulently billing the government for security-related equipment under a federal contract
• Fraudulently billing for security investigations conducted on behalf of the federal government
• Engaging in procurement fraud (i.e., bid collusion or suppression) to obtain a federal railroad contract

Coming forward under the False Claims Act involves filing a qui tam lawsuit in federal district court. Under the False Claims Act, employee protections are available to individuals who report a reasonably perceived violation or allegedly unlawful act. If a current or former employee’s whistleblower complaint under the False Claims Act leads to a successful enforcement action, the employee can receive between 15% and 30% of the civil penalties or other monetary sanctions the government recovers.

Whistleblower Retaliation Awards Under the Federal Railroad Safety Act (FRSA)

The Federal Railroad Safety Act (FRSA) prohibits retaliation against employees who disclose occupational safety violations and security issues. If you have been fired, demoted, or experienced any other form of adverse employment action after reporting a railroad safety or security violation, you have clear legal rights under the FRSA.

While the FRSA does not include whistleblower reward provisions, it does include provisions for damages (and other remedies) when employers violate the law. The FRSA is the primary federal law relating to railroad worker safety—and, as a result, the Occupational Safety and Health Administration (OSHA) takes FRSA violations very seriously.

Here are some key facts to know if you experienced a retaliatory employment action after reporting a hazardous safety or security condition or any other health or safety concern:

The FRSA Includes Provisions for Compensatory and Punitive Damages

Railroad employees who experience an unfavorable personnel action in violation of the FRSA may be entitled to both compensatory and punitive damages. Potential grounds to file a retaliation claim under the FRSA include adverse actions based on:

• Disclosing safety violations that pose workplace injury risks
• Disclosing homeland security concerns related to a railroad’s operations
• Reporting an accident resulting from a safety violation
• Seeking emergency medical treatment or first aid treatment for a work-related personal injury
• Filing an employee protection complaint with the National Transportation Safety Board (NTSB)
• Refusing to violate the law (violating the law is never within an employee’s duties)
• Participating in a safety or security investigation conducted by federal authorities or a state or local law enforcement agency
• Complying with or seeking to enforce the terms of a collective bargaining agreement

Under the FRSA’s whistleblower protection provisions, railroad workers who experience retaliation are entitled to compensatory damages for their back pay and other losses. The FRSA also allows employees who experience adverse actions after reporting alleged violations to seek punitive damages of up to $250,000 in appropriate cases. If you experienced an adverse action after engaging in protected activity under the FRSA, our lawyers can assert your legal rights on your behalf—including seeking a maximum punitive damages award if warranted.

The FRSA Also Includes Provisions for Job Reinstatement or Placement

Along with seeking damages, current and former railroad employees who have FRSA claims can also seek job reinstatement or placement in appropriate cases. Notably, employees who have FRSA claims may have claims under state or federal employment laws as well—and these laws may provide additional grounds for seeking to hold their employers accountable.

Under the FRSA, current and former employees who have claims are also entitled to reasonable attorney fees, expert witness fees, and other litigation costs. If you suffered retaliation (or believe you may have suffered retaliation) after coming forward, our lawyers can assess your legal rights and take appropriate legal action on your behalf.

It Is Up to Employers to Provide “Clear and Convincing Evidence” of a Lawful Justification

When facing claims under the FRSA, it is up to employers to provide “clear and convincing evidence” of a lawful justification for the adverse employment action taken. If an employer cannot prove that an employee’s adverse action was unrelated to his or her protected activity, the employer can face liability for all of the remedies discussed above. From employees facing the same unfavorable personnel action after coming forward to internal communications that clearly expose retaliatory intent, there are various ways that employees can shift the burden to their employers to prove that no remedies are warranted.

How Our Railroad Whistleblower Lawyers Can Help

If you have questions about seeking a railroad whistleblower reward or seeking damages under the FRSA, our lawyers can guide you forward. Here are just some of the ways we can help in this scenario:

• We can explain your whistleblower rights under the False Claims Act and the FRSA so that you can make informed decisions about your next steps.
• If you are eligible to file a whistleblower complaint under the False Claims Act, we can file your complaint and work with the government on your behalf.
• If you experienced an adverse employment action, we can investigate to determine if your decision to come forward was a contributing factor in your employer’s action.
• We will provide a free and confidential consultation with one of our highly experienced railroad whistleblower attorneys.
• We will represent you at no out-of-pocket cost. Under no circumstances will you have to pay anything out-of-pocket for our advice or representation.

FAQs: Railroad Workers’ Rights Under the False Claims Act and FRSA

Speak with a Railroad Whistleblower Attorney in Strict Confidence

Do you have questions about seeking a railroad whistleblower reward? If so, contact us today. Call 866-320-3959 or tell us how we can reach you online to arrange a free and confidential consultation as soon as possible.

Additional Pages and Information

• Railroad Whistleblower Attorney