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Straight
Track #277
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Tangled In The Net
Gary Babiarz, Chief Investigator
Hoey & Farina
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MySpace, Facebook, Twitter,
internet games and cell phones are effective means of communication and
entertainment in today’s high-tech world. However, these electronic
mediums and devices can be a means to voluntarily give up your right to
privacy, put yourself under surveillance and result in your dismissal
from service with the railroad.
AFTER EFFECT
Can the use of these
mediums and devices affect your employment with the railroad and your
FELA claim?
Let’s say you work in a
transportation department and use your cell phone or other electronic
communication device while performing your work. Use of your personal
communication device while working is both a carrier rule violation and
a violation of federal law. Either violation can end your employment
with the railroad.
Or, you go on Facebook and
post unflattering remarks regarding your place of employment or railroad
management. Or, perhaps you post information that the railroad considers
to be privileged. Or, you post a comment like, “This railroad is a
horrible place to work for. They break federal laws all the time.” Such
postings could result in you being charged with “conduct unbecoming a
railroad employee” or “divulging company information.” Either charge can
end your employment with the railroad.
Additionally, it has been
brought to my attention that railroad supervisors at various locations
have asked railroad workers “to be friends” on Facebook. If you have an
incident on the railroad (an injury, collision, or any alleged rule
violation), and a letter of charges is issued, railroad supervisors,
your Facebook friends, will comb these mediums to find times, facts,
pictures, and postings that conflict with your statements or reports.
Moreover, providing conflicting statements or reports can end your
employment with the railroad.
Previous
Straight Track articles have discussed the
importance of developing the correct facts and information surrounding
an on-the-job injury before giving a statement or completing an injury
report. Did you realize that providing conflicting statements or reports
relating to an injury may reduce the monetary value of your FELA claim?
If you are injured at work, it’s o.k. to take an assertive posture with
the railroad. To tell the railroad’s claim agent, “I’m not going to sign
anything,” or “I’m not giving any statement,” can protect your case.
However, what’s not a good move is posting your opinions relating to
your injury on the internet or in emails. Your postings can come back to
haunt you.
MANAGE TECHNOLOGY
High-tech mediums and devices
are creating new issues for railroaders. If managed correctly, these
mediums and devices can be effective forms of entertainment and
communication. Hoey & Farina, through the internet / email, uses
Straight Track as an effective means of communication. We are working
hard to stay on top of these new issues and keep railroaders informed
and in control. We would like to hear from you if you have any
questions, comments or stories of your own regarding these types of
issues. Please feel free to contact us at info@hoeyfarina.com or (888)
425-1212.
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