Train Law Blog

Train Law Blog

The Source for Railroad Injuries & Whistleblower Protection

Tag Archives: CSX Transportation retaliation

Spotlight on CSX Retaliation

Posted in Federal Rail Safety Act
You can tell a lot about a workplace culture by how managers react to employee safety complaints. Enlightened managers welcome safety complaints, benighted managers suppress them. Enlightened managers view such complaints as a valuable opportunity for improvement, and underscore the first importance of safety by publicly thanking those employees. Benighted managers view such complaints as… Continue Reading

The Broad Scope of FRSA Adverse Action Reaffirmed

Posted in Federal Rail Safety Act
A federal judge has confirmed the principle that “adverse action” prohibited by the Federal Railroad Safety Act is any action that would dissuade a reasonable employee from engaging in FRSA protected activities (such as reporting injuries or safety hazards or following a treating doctor’s orders). It is not limited to the actual imposition of discipline,… Continue Reading

Two More Federal Court FRSA Decisions

Posted in Federal Rail Safety Act
Railroads are running out of defenses to the Federal Rail Safety Act. Their initial “election of remedies” gambit is dead and buried. Their second line of defense–charging employees who report injuries with “falsification and dishonesty”–has been obliterated by the “inextricably intertwined” principle upheld by judges and appellate courts. In desperation, railroads have been forced to… Continue Reading