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Award Methodology

New Jersey Transit Settles Worker’s Retaliation Lawsuit for $699,000

A New Jersey Transit employee recently settled his worker’s retaliation lawsuit against the railroad $699,000. Plaintiff was working as a conductor-flagman for the railroad in February 2008 when he witnessed another worker come into contact with an electrical wire, become engulfed in flames, and die. Emotionally distraught after witnessing the accident, plaintiff consulted with a mental health professional provided by the railroad. At the recommendation of the mental health professional, plaintiff took several months of leave from work. When he was medically cleared to return to work in October 2008, the railroad put plaintiff on unpaid leave and did not allow him to return to work. It was alleged in plaintiff’s NJ employment lawsuit that New Jersey Transit improperly retaliated against him for taking time off from work after witnessing the accident. The case settlement was reached prior to trial.