A U.S. District Court denied Union Pacific Railroad Co.’s request to dismiss a conductor’s claims that the company allegedly fired him, rehired him, then forced him to extend his medical leave for reporting a potential shooting on site.
The employee reported an unsafe work environment and requested medical leave after allegedly hearing gunshots close to where he was working. Union Pacific later fired the worker but reinstated him upon receiving the appropriate paperwork.
The court denied the request for dismissal as evidence, including bullet holes in the derail switch sign and worker testimony, supported the worker's position.
The conductor filed a lawsuit alleging violation of the Federal Employer’s Liability Act and retaliatory adverse actions under the Federal Railroad Safety Act.