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BNSF earns dismissal in Federal Rail Safety Act whistleblower complaint

August 2012

Client(s) BNSF Railway Company

Jones Day represented BNSF Railway Company in a Federal Rail Safety Act whistleblower complaint filed by an employee who was disciplined for violating company rules. The employee claimed he was disciplined in retaliation for raising safety concerns. After a three-day hearing, the Administrative Law Judge dismissed the employee's claims, finding that the employee had not engaged in protected activity, and even if he had, the alleged protected activity was not a contributing factor in the discipline. The Judge also found BNSF proved by clear and convincing evidence that it would have taken the same actions despite any possible protected activity.

Jessen v. BNSF Railway Company, 2010-FRS-00022 (ALJ Aug. 15, 2012)

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