My local chairman completely sold me out. What I have learned is this: If you’re seriously injured at work , do not give UPRR a recorded statement. You’re only required to fill out the accident report. . Do not sign the release of your medical records or provide additional notes. Even if you try to limit what they have access to by marking the medical release they can manipulate things and get your medical and past personal insurance records. Management has meetings where they sit down and actually discuss your medical records with HR and talk about what you do when your personal life, Who your friends are and what property you own. They do background checks on you they will hire people to follow you around. They call it non-medical imaging. If you have had an ab-----n, an STD, take Viagra, or have testosterone replacement therapy they will tell everybody and make jokes behind your back. When I told my local chairman I was injured at work he convened with the manager and they decided that if I claimed an “accumulative” (sic) trauma injury they would let me work light duty otherwise go home and draw RRB. Then you live on your RRB until it runs out. If you need a second surgery or don’t heal properly it will definitely run out. They would not even give me an advance like they used to when the company had morals. I had to hire an attorney and I had to fight like he-l. My biggest regret is agreeing to a claims recorded conversation because they tried to use it against me and I received a lot less because I agreed with the interviewer that Union Pacific provided me with a “ reasonably safe place to work” always answer no to that question and explain in detail. The local chairman actually had his own claim approved because he was a former manager and he started helping out the senior MTO.
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Bakersfield needs 25 New, ex felons at that terminal now!
Right out of Corcoran and or Delano....
Employees are injured frequently because it’s an unsafe environment. The right of ways and railyards have debris everywhere. Forget the settlement I just want my medical bills paid.
When I was off work the company called me every week just to try to get some new information. I took FMLA for all my injury to prevent managers from looking at my medical record
I have had one injury in my 25 years. Company had rat holes in the yard and I messed up my ankle working at night between rails with gondolas. Buddy messed up hip when MOW left ribbon rail in the yard. SOS management blame me for not taking safe cpurse and medical bills delayed not paid/collections. I was hold out from returning because I signed that medical records HIPAA paper I they take issue with some of my prescriptions. Now I’m not here working without the prescription to feed my family
Plaintiff, Michael Yanez, was present during a slip and fall injury sustained by co-worker, Robert Garcia, while both were employed by defendant, Union Pacific Railroad Company (“Union Pacific”). Instructed by Union Pacific’s management, Yanez submitted two statements describing the incident: the first statement immediately after the incident stated that Garcia had slipped and fell, and the second statement about an hour later stated that he saw Garcia slip and fall. Garcia brought a Federal Employers Liability Act lawsuit against Union Pacific for his injury and deposed Yanez.
Attorney Brian Plummer, in-house counsel for Union Pacific, defended Union Pacific and also represented Yanez during his deposition in the matter. Yanez met with Plummer on the morning of the day of his deposition. Plummer confirmed that Yanez had not actually seen Garcia fall down and asked Yanez about the conditions at the accident site. Nothing was said regarding the two statements that Yanez had written.
Yanez expressed concern to Plummer about his job because his deposition testimony was likely to be unfavorable to Union Pacific, and asked Plummer who would protect him at the deposition. Plummer responded that Yanez was a Union Pacific employee and Plummer was his attorney for the deposition, and as long as Yanez told the truth in the deposition, his job would not be affected. Plummer never told Yanez about any conflict of interest involving Plummer representing both Union Pacific and Yanez.
At the deposition, Garcia’s counsel learned that Yanez did not witness Garcia’s accident and elicited testimony from Yanez about several conditions at the accident site that could be deemed unsafe.
Plummer then questioned Yanez. Plummer first tried to distance Union Pacific’s management from the alleged unsafe conditions, confirmed that it was Yanez’s testimony that he did not see Garcia slip and fall, and only marked as exhibit and emphasized Yanez’s second witness statement that Yanez saw Garica slip and fall.
After the deposition, Union Pacific initiated a disciplinary hearing against Yanez for submitting a false witness statement. Despite Yanez’s efforts to explain that his second statement was written in haste and should be read together with his first statement (that he saw Garcia had slipped), he was terminated for being dishonest in violation of company policy.
YANEZ'S LAWSUIT AGAINST UNION PACIFIC AND PLUMMER
Following his termination, Yanez brought suit against Union Pacific for wrongful discharge and against Plummer for legal malpractice, breach of fiduciary duty, and fraud. Plummer moved successfully for summary judgment, asserting that Yanez cannot meet the causation element of the claims against him. The Court of Appeal, however, reversed summary judgment in favor of Plummer, finding that Yanez raised a triable issue of material fact whether, but for Plummer’s conduct, Union Pacific would not have fired Yanez.
The appellate court determined that Yanez and Union Pacific occupied adverse positions. Despite these conflicting interests, Plummer represented both parties in the matter. Prior to the deposition, Yanez expressed concern about how his testimony would affect his job and Plummer represented to Yanez that he was Yanez’s attorney and that Yanez’s job would not be affected if he told the truth at the deposition. The court thus found that Yanez presented evidence that Plummer neither informed Yanez about conflicts with Union Pacific nor obtained his written consent to represent him despite such conflicts.
The court also found that Yanez presented a triable issue that but for Plummer’s alleged malpractice, breach of fiduciary duty, and fraud, Yanez would not have been terminated. Specifically, the court observed that it was Plummer who (1) highlighted Yanez’s deposition testimony that he did not see Garcia slip and fall; (2) presented the second statement at the deposition; (3) got Yanez to admit under oath that his deposition testimony conflicted with the second statement; (4) did not offer Yanez a chance to explain this discrepancy; and (5) failed to present the first statement as an exhibit at Yanez’s deposition. The court thus concluded that Yanez likely would not have been charged with dishonesty without that deposition testimony.
CAUTIONARY TALE FOR BOTH ATTORNEYS AND EMPLOYERS
The Yanez case serves as a cautionary tale for attorneys who jointly represent employers and their non-party witness employees who may have adverse interests. Before representing witness employees at depositions, attorneys should evaluate whether an actual or potential conflict exists, and if so, obtain written informed consent from the employee or have the employee represented by separate counsel.
Employers should equally be cognizant of this issue. Had Yanez been represented by adequate counsel, a legitimate explanation for the inconsistency between his second statement and his deposition testimony may have been provided, thereby allowing Yanez to keep his job and ultimately avoiding a potentially expensive wrongful discharge lawsuit against Union Pacific.
I cut my hand at night in the yard on broken glass that was on the side of a rail car that was released by the customer. I was trying to get into the FMT program and was told a personal injury would stop. They had me layoff sick and I took myself to the ER. I never did get into the FMT program. They started saying I had an attitude problem.
I called that line when a manager acted inappropriately. It’s been over year and no one has reached out today
Do not sign a nondisclosure agreement settlement with Union Pacific unless you’re getting over $200,000.
I agree. Thanks for sharing. i’ve never had a work comp injury at up but I have heard horror stories about the medical bills not being paid and people getting judgments and liens against them. A good union rep will refer you to a good attorney who won’t charge you anything to discuss.
Do not let them come into your hospital room whatsoever. Also minimize family contact with management
Managers and claims people love to come to your house for some reason or another. That’s their chance to look around and assess. There are no free lunches or casual visits just to see how you’re doing.
They look at your Facebook posts/pictures to see what ya been doing that might have caused the injury . That is main reason I keep it private and am not friends with anyone from Up. Good to purge Twitter, LinkedIn. Etc before you report an injury.
I got into an entanglement with a company nurse because I asked to go to the ER. She strongly encouraged me to go home and ice. I was sent home for three days but was still in pain so they wanted to take me to a clinic were they could have an assessment done. I should’ve just had my wife take me to the ER and used my personal insurance then sorted it out later
Thanks for telling about your injury experience. I do agree that you do not have to give them a recorded statement. Up treats the injured like dirt . It was a rude awakening to find out that the Courage to Care program is joke and does not apply to injured employees.
Last year by its own report less than 25% of the values line complaints were substantiated. This means according to UPRR over 75% of the people who reported a problem are liars. I wonder what percentage of the people who reported complaints were retaliated against?
First they were called casualty managers, then claim specialists, and now they’re risk managers. And you are the risk they’re managing once you get injured and file a claim. And they’re not asking questions to figure out how to pay you more. I learned the hard way too when my medical bills did not get paid and I went into collections. They supposedly hired contractors and laid off the medical bill people. I hear Bills still aren’t paid the vast maturity of the time. A qualified FELA attorney will ensure you get everything you’re owed
If your se-----y harassed (or worse) now that UP is hiring felons as part of their social justice initiatives you should definitely hire an attorney. Turning homeless people into trainmen since 2021. Live and work at your encampment with literally no commute .
Felons are much cheaper to hire and are less likely to hang around very long and collect benefits. Be sure and secure your walk
The Corporate Values Line is a joke. It’s basically a way for HR to curtail investigations of those who play the Fritz game and to eliminate those they want removed.
The Corporate Values Line is a joke. It’s basically a way for HR to curtail investigations of those who play the Fritz game and to eliminate those they want removed.
Along with se-ual harrassment cases.