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12/28/2011
Brian Beckcom
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Fired Worker Is Awarded $300,000 For Whistleblower Complaint

After filing a whistleblower complaint with the Occupational Safety and Health Administration (OSHA), a Railroad worker was awarded 300,000 dollars in back wages, compensatory damages, attorney’s fees, and punitive damages.
The complaint was filed after an employee for a Nebraska-based Union Pacific Railroad Company was fired after informing the company of an injury he received at the job. After reporting his injury, the worker was then given suspension without pay and fired three weeks later.
As a result, the worker filed a whistleblower complaint with the OSHA. After an investigation, the OSHA discovered the employee’s claim to be accurate, believing that the suspension and termination were based solely on the reporting of his injury to the railroad company.
Along with the 300,000 award, OSHA ordered the company to reinstate the worker’s position and cover the monetary compensation. The company was ordered not to retaliate against the employee.
Retaliation against an employee that reports injuries is a direct violation of the whistleblower protection provisions under the Federal Railroad Safety Act (FRSA). Apparently, the Railroad Company in question has violated the FSRA four times in 2009.
What is a whistleblower complaint?
A whistleblower complaint is one that alleges misconduct from a department or company. The OSHA’s whistleblower protection provisions were put in to place so employees can be protected from retaliation for speaking up. Employees have rights under the Occupational Safety Health Act of 1970 which says that no person shall be fired or discriminated against if they file a complaint or are report a work injury.
If you or anyone you know has been fired or injured on the job, contact the experienced lawyers at V&B for a free consultation and free information on how we may help. Toll free: 888-473-1258.


Category: General

Labels: accident attorneys Award Blackball Blacklisted Complaint employee Federal Railroad Safety Act Fired injured lawyers occupational safety and health administration Railroad Company Reward settlement Whistleblower worker

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