Every injured or terminated employee has a legal duty to make reasonable efforts to mitigate or minimize his or her lost wage damages. But “failure to mitigate” is an affirmative defense, and the burden of proving any such failure falls
Train Law Blog
The Source for Railroad Injuries & Whistleblower Protection
The Train Law Blog, published by Charles Goetsch Law Offices LLC, focuses on legal issues related to whistleblower protections in the railroad and maritime industries. It covers topics such as the Federal Rail Safety Act (FRSA), whistleblower retaliation claims, burden of proof standards in whistleblower cases, and recent legal developments affecting railroad and maritime workers. The blog also discusses landmark court decisions and regulatory actions, including those involving the Seaman's Protection Act (SPA) and OSHA enforcement against maritime employers. It provides analysis on employer policies, employee rights, and the legal framework governing safety reporting and retaliation in transportation sectors.
Latest from Train Law Blog - Page 3
Disciplinary Waivers Do Not Negate FRSA Rights
The anti-retaliation provisions of Federal Rail Safety Act Section 20109 are indeed powerful, so powerful they cannot be waived by any disciplinary waiver or “plea bargain.” FRSA subsection (h) reads: “The rights and remedies in this section may not…
Is Filing a FELA Complaint Protected Activity?
Answer: Yes, it can be, according to the United States Department of Labor. Joshua Cleveland v. Long Island Rail Road (SDNY) is a Federal Rail Safety Act case claiming the Railroad retaliated against an employee after he filed a FELA lawsuit. The…
ARB Limits Temporal Scope of (c)(1) Protection
Federal Rail Safety Act Subsection (c)(1) prohibits railroads from denying, delaying, or interfering with an employee’s right to prompt medical treatment for a workplace injury. In Santiago v. Metro North Railroad, the ARB held the scope of (c)(1)’s prohibition…
Spotlight On MBTA Safety Culture
How bad is the safety culture at the MBTA? So bad the Chief Safety Officer was terminated for demanding correction of critical safety issues. And had to file a whistleblower retaliation complaint to set things right.
When Equitable Tolling Applies to FRSA Deadlines
A Circuit Court has clarified when the doctrine of equitable tolling applies to FRSA Section 20109 time limitations.
In Sparre v. United States Dep’t of Labor, the 7th Circuit confirms the FRSA’s various time limitations for filing or appealing…
The FRSA Protects Hours of Service Act Compliance
Did you know that rail workers who refuse to violate the Hours of Service Act are protected by Section 20109 of the FRSA? The Norfolk Southern Railway just found out the hard way.
What Is A Good Faith Belief?
We all know that “reporting in good faith a hazardous safety condition” is protected activity under Section 20109 of the FRSA. But what does “good faith” mean? Is it just the employee’s subjective belief, or must it also be…
$3.2 Million FRSA Judgment
When can a $13,000 FELA injury turn into a $3.2 million Judgment against a railroad? Answer: When the railroad violates the Federal Rail Safety Act. Wooten v. BNSF Railway is yet another demonstration of the transformative power of Section…
Another Circuit Court Corrects Kuduk’s Distortion
Another Circuit Court has corrected the 8th Circuit’s misuse of the term “intentional retaliation” in FRSA litigation. In Frost v. BNSF Railway Company, the 9th Circuit soundly rejects the suggestion in Kuduk v. BNSF that Section 20109 requires proof…