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  • Whisleblower

    An individual wins his/her Whisleblower suit against a railroad Carrier and is reinstated with compensatory and punitive damages. Do they have any grounds to take the supervisor that fired them to civil court?

    HB
    "Never argue with an idiot; people watching might not be able to tell the difference".

    Posts by Hornblower are merely opinions of Hornblower and are for entertainment only. Hornblower does not represent any railroad anywhere. Feel free to pass over any post that offends you.

  • #2
    Response

    Dear Hornblower - I do not do these type suits and therefore am not familiar with the specific statute that would have provided the basis of the suit. Therefore, the following analysis may be inapplicable.

    However, generally, since corporations are not persons, whenever they are sued, it is generally as a result of an action, or inaction, of a managerial employee. This is a very old common law doctrine with the latin name of respondeat superior. It is akin to other legal theories commonly referred to as Master/Servant and/or Principle/Agency relationships. But, the latter two do not always require the employee be in a managerial capacity and the former, when dealing with matters of managerial decisions, it is required the employee be in a position that can bind the corporation. Thus, to legally bind the corporation, a lawyer can sue the person that acted and the corporation directly OR the lawyer can make an express reference in the lawsuit to the actions of the employee and only sue the corporation. Generally, once a judgment is rendered against the corporation due top the actions, or inactions, of the employee, these matters have been adjudicated and you would face a very strong defense of Res Judicata which is another latin term meaning the matter has already been adjudicated and it cannot be adjudicated again.

    Please seek guidance from another lawyer that is more on top of this area of the law and do not just accept my "basic" answer as gospel.

    I hope this helped a little bit.

    Steve
    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
    FELA Lawyer
    FELA Lawyer Blog
    Serving Injured Railroad Employees Nationwide
    Call for a FELA Lawyer 24/7/365
    800-773-6770

    Comment


    • #3
      Originally posted by FELA FELLA View Post
      Dear Hornblower - I do not do these type suits and therefore am not familiar with the specific statute that would have provided the basis of the suit. Therefore, the following analysis may be inapplicable.

      However, generally, since corporations are not persons, whenever they are sued, it is generally as a result of an action, or inaction, of a managerial employee. This is a very old common law doctrine with the latin name of respondeat superior. It is akin to other legal theories commonly referred to as Master/Servant and/or Principle/Agency relationships. But, the latter two do not always require the employee be in a managerial capacity and the former, when dealing with matters of managerial decisions, it is required the employee be in a position that can bind the corporation. Thus, to legally bind the corporation, a lawyer can sue the person that acted and the corporation directly OR the lawyer can make an express reference in the lawsuit to the actions of the employee and only sue the corporation. Generally, once a judgment is rendered against the corporation due top the actions, or inactions, of the employee, these matters have been adjudicated and you would face a very strong defense of Res Judicata which is another latin term meaning the matter has already been adjudicated and it cannot be adjudicated again.

      Please seek guidance from another lawyer that is more on top of this area of the law and do not just accept my "basic" answer as gospel.

      I hope this helped a little bit.

      Steve
      Thanks Steve!

      HB
      "Never argue with an idiot; people watching might not be able to tell the difference".

      Posts by Hornblower are merely opinions of Hornblower and are for entertainment only. Hornblower does not represent any railroad anywhere. Feel free to pass over any post that offends you.

      Comment

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