Attorneys Tyler Spahn and Nichole Bogen obtained the dismissal of a Federal Railroad Safety Act (“FRSA”), § 20109, complaint on behalf of the railroad following a hearing before a U.S. Department of Labor Administrative Law Judge. The employee claimed his dismissal from the railroad for being absent without leave was discrimination for reporting work-related injury and argued that he only had to show he attempted to comply with the railroad’s leave policies. Based on the evidence and the testimony of multiple witnesses, the Administrative Law Judge found that the railroad had a reasonable belief the employee failed to properly update his leave which prompted his dismissal and his dismissal was not retaliatory, which is the required showing under the FRSA. The Administrative Law Judge therefore dismissed the complaint.
Helms v. BNSF Railway Co., ALJ No. 2018-FRS-00145 (ALJ March 19, 2020)
-Nichole Bogen- -Tyler Spahn-