A federal jury in Washington has ruled that railroad company BNSF retaliated against a whistleblower who brought safety concerns to light. This week the court awarded the former employee $1.25 million in damages.
In 2011, BNSF employee Mike Elliott raised safety concerns about the freight and passenger rail line connecting Vancouver, Washington, and Seattle. He said the signal system, which controls traffic on the line, did not function properly and was obscured by overgrown vegetation.
“What was going on here just opened my eyes to deeper systemic problems in our decaying infrastructure in this country," Elliott said. "We’re in that era where things are wearing out and we need to address it and the safety associated with it."
According to the complaint, Elliott reported the safety concerns to BNSF supervisors. But after time went by with no action to rectify the alleged problems, he took his concerns to a federal safety agency, the document said. The subsequent investigation by the Federal Railway Administration turned up more than 350 violations along the rail line.
Soon after, Elliot said, a BNSF supervisor intentionally provoked a physical confrontation with him. Elliott was subsequently fired, rehired and then fired again as a result of the incident and another unrelated charge made by the railroad.
The federal jury ruled the company did retaliate against Elliott and awarded him $1 million in compensatory damages. In addition, the decision included a quarter million dollars in punitive damages against BNSF – the maximum allowed.
"That retaliation merited, in the jurors' minds, punishment," said Jim Vucinovich, a lawyer representing Elliott in the case.
In an email statement, BNSF maintained that Elliott was fired for legitimate reasons and that the company is “exploring its post-trial options.”
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Tony Schick
/Tank cars carrying petroleum crude oil are stationed at BNSF Railway's Willbridge Yard in Northwest Portland. The train come into Portland through the Columbia River Gorge, headed for a terminal in Clatskanie, Oregon.
