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Charles C. Goetsch is a founding partner of Cahill Goetsch & Perry P.C. and has over 30 years experience trying civil cases in the federal courts of New York and Connecticut. His practice is focused on transportation law with a particular emphasis on railroad related matters. Charles has tried over 45 federal court jury trials and handled many appeals to the Second Circuit Court of Appeals. More than a dozen of his cases have had multi-million dollar verdicts or settlements, and in 1997 he argued the ground-breaking case of Metro North Commuter R.R. v. Buckley before the United States Supreme Court.
In a major decision clarifying the scope of the FRSA, OSHA confirms that a railroad's denial, delay, or interference with an injured employee's medical treatment constitutes adverse action recoverable under FRSA Section (a)(4). Section (a)(4) protects employees from adverse action due to the...
In an encouraging sign to whistleblowers, the Department of Labor has elevated the status of its Office of the Whistleblower Protection Program (OWPP) so it now reports directly to the Head of OSHA, Assistant Secretary Dr. David Michaels. This puts whistleblower protection on an equal footing with...
Any rail worker absence ordered by a treating doctor can no longer be used for attendance discipline purposes. That is the message of a ground-breaking decision interpreting the scope of FRSA protected medical treatment. Subsection (c)(2) of the FRSA prohibits railroads from disciplining employees...
The burden of proof applicable to a Federal Rail Safety Act whistleblower protection case is markedly different from a Title VII discrimination case. And much more favorable to the employee. Title VII cases have a three step burden of proof: the employee establishes a prima facie case, the employer...
The Federal Rail Safety Act prohibits a railroad from "discriminating in any way" against an employee who engages in the protected activity of raising a safety concern or reporting an injury. Such discrimination can take many forms, but two recent decisions highlight a classic...