September 23, 2019

A U.S. District Court, Southern District of New York Judge held that a worker who was fired after he received a $1.5 million jury award in a negligence lawsuit against his employer cannot pursue a wrongful termination suit against his former employer. The case is Cleveland v. Long Island R.R. Co., No. 18-CV-2080 (VEC), 2019 U.>S. Dist. LEXIS 160206 (S.D.N.Y. Sept. 18, 2019).

Joshua Cleveland began working for the Long Island Railroad Company in 2007 as an electrician. In April 2014 Cleveland suffered an on-the-job injury, leaving Cleveland with a severed right ring fingertip. After the accident, Cleveland maintained his employment with Long Island RR, and received disabled-accident (DA) pay. Cleveland sued Long Island Railroad, pursuant to the Federal Employer's Liability Act (FELA). The case went to a jury trial and resulted in a finding that Long Island Railroad was negligent. Cleveland won a $1.5 million verdict for loss of earnings, pain and suffering, and other damages.