$536K in damages has been awarded in a whistleblower retalition case involving a railway worker that reported an injury, which resulted in disciplinary action and eventual termination.
In response, the railway worker filed a complaint at OSHA against the Burlington Northern Santa Fe Railway for violation of the whistleblower retaliation provision of the Federal Railroad Safety Act and won.
The FRSA prohibits retaliation against rail employees who provide information to authorities about a reasonably perceived violation of federal law regarding railroad safety and security or the abuse of appropriated funds.
A prevailing whistleblower can obtain a wide range of remedies against a company committing retaliation including reinstatement, back pay, compensatory damages, attorney fees and litigation costs and punitive damages.
The conductor in this case was awarded punitive and compensatory damages. The Occupation Safety and Health Administration ordered Burlington Northern to rehire him and expunge his record of all charges and disciplinary action.
If you have been retaliated against by your employer for reporting misconduct – across all industries, the law is on your side. Contact the employment law Offices of Stoltze & Updegraff, PLC. for help regarding Iowa whistleblower retaliation claims today.
Source: National Law Review, “OSHA Orders Railroad to Pay $536k in Whistleblower Case”, accessed July 4, 2015.