Sommers Schwartz attorneys Tad Roumayah and Benjamin Wilensky, in conjunction with counsel from the Huntington, West Virginia law firm of Bouchillon, Crossan & Colburn LC, filed an action on behalf of a former railroad worker claiming violations of the federal Family and Medical Leave Act (FMLA) and the Federal Railroad Safety Act (FRSA).
The plaintiff worked as a signal foreman with CSX. According to the complaint, the railroad intentionally violated his rights by terminating his employment while he was off work receiving surgery, medical treatment, and physical therapy for a legitimate shoulder condition and back injury. The lawsuit asserts that although the plaintiff expressly informed the defendant’s medical department of his injuries and the need to take time off from work, CSX failed to provide him with information about his eligibility for FMLA leave, forced him to attend work-related functions during his leave, and unlawfully terminated his employment. CSX also unlawfully retaliated against the plaintiff by firing him for reporting his work-related physical injuries and for reporting unsafe conditions on the railroad.
The lawsuit sought compensatory, punitive, and special damages, along with reinstatement of the plaintiff to his former position.