What does “whistleblower” mean?
A whistleblower in the railroad industry is an employee who is aware of his rights to have a safe work environment and who knows what to do to make the railroad responsible for failing to provide that safety.
HAVE YOU EVER BEEN PUNISHED, INTIMIDATED, CHARGED, FIRED,
OR THREATENED FOR ONE OF THE FOLLOWING?
• REPORTING A SAFETY CONCERN
• REPORTING AN INJURY
• FOLLOWING DOCTOR’S ORDERS
If you answered yes to any of the above questions, then you may be a whistleblower eligible to file a claim to protect your rights as a Railroader.
What are the remedies under the whistleblower law?
Under the whistleblower statute, there are different remedies available for the employee when the railroad violates the whistleblower law. The FRSA whistleblower law has the power to force the railroad to give you a “make-whole remedy” which makes the railroad potentially responsible to do the following:
- Reinstate you with all your seniority rights;
- Pay your back wages with interest;
- Pay all your economic losses;
- Pay emotional distress damages;
- Pay attorney’s fees and costs;
- Pay front pay if the Court finds that it is not in your best interest to return to your former position;
- Pay punitive damages up to $250,000; and
- Expunge your discipline.