Andrew Gilbert Edwards (AGE) a Native-American employed-at-will had been a commuter train operator for Pond Pacific Railway (PPR). The company began with a steam locomotive during President Warren Harding’s administration. He logged over 12 hours per shift and received every award and commendation the employer had to offer for being ahead of time, on time but never behind time. In the past year, his supervisor was looking to hire some female conductors.
As train designs improved, AGE used his keen sense of touch to become the only train operator in the fleet who could operate a train blindfolded, telling by the feel of the controls where he was, where he was going, and when he would arrive there. His long experience on every one of PPR’s routes and his memory let him win dozens of wagers by performing the controls with one hand behind his back flawlessly. The train’s motto was (“We are never late.”) was a goal AGE had successfully accomplished for over 42 years.
For the last three years, AGE had noted (but kept to himself) that his reflexes were beginning to fail, but his legendary sense of touch and memory more than compensated for the problem. He would require that his co-train operator periodically guide his hands to work the controls, thereby AGE was able to hide his deteriorating reflexes.
When AGE had his annual safety check the company safety director gave him a passing grade (because he passed all the tests), but he became worried about AGE’s tendency for his hands to shake. The director suspected some medical (or, worse, controlled substance) problem. So, he ordered a battery of tests by the company doctor, but did not what it to appear as if he was retaliating against him.
AGE agreed to the tests. The doctor discovered the problem with his reflexes. The safety director confronted AGE but he would not accept a transfer to any position which did not have him operate a train. He did take a brief medical leave of absence. However, the co-train operators unanimously trusted AGE, with all of his problems, more than any other senior train operator.
Upset with attempts to stop him from operating a train, he climbed into the engine compartment of a newly loaded electric train powered by wind energy with 20 cars and 150 people in each car. He left against orders and crashed during morning rush hour into a train terminal because the train was speeding.
Thankfully, everyone survived. However, the co-conductor sued PPR for personal injury damages based on injuries rendering him a paraplegic. A band of musicians on their way to a $1000 per night, all expenses paid gig at the Pineapple Hilton was also on the train; they sued PPR for injuries preventing them from performing because they had all been struck speechless by the sight of the train terminal quickly approaching realizing they were about to crash into it.
Identify at least 10 possible employment law legal issues “not railway regulations, polices or procedures” and explain how they should be resolved
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