- Associated Press - Thursday, June 4, 2015

OMAHA, Neb. (AP) - A federal appeals court has upheld an award of more than $228,000 to a former BNSF Railway worker who said he was fired in 2010 for refusing to withhold evidence in a criminal forgery investigation.

A jury in 2013 sided with Kirk Ludlow in his claim that BNSF violated the Nebraska Fair Employment Practices Act.

A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday rejected the railroad’s claims on appeal that the lower court should have dismissed the lawsuit. BNSF argued that requesting Ludlow to stop pursuing his allegations that another employee had forged his signature on veterans benefits paperwork did not constitute an unlawful practice.

The appeals panel also rejected BNSF’s claims that the lower court had awarded too much in attorneys’ fees.



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