Pembroke Pines, FL asked in Federal Crimes, Employment Law and Gov & Administrative Law for Florida

Q: the TSA is investigating a violation of the TSR title 49 CFR 1540.105 a violation of regs for civil penalty for 14,950

Test was given at my post which I failed on purpose to inevitibly quit my position at FLL now they what to file civil penalties against me. when anyone whose has failed before is just given a slap on the wrist. I would like to what actions i should take in protecting myself and if it is legal to prosecute an employee on a practice test that is given to everyone all the time at every employee security access to go outside of the Terminal to go to work. or am I just being singled out and can have legal action against them for this prosecution.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If you are facing an investigation or civil penalties from the TSA, particularly regarding a situation at your workplace like the one described, it's critical to seek legal advice from an attorney familiar with employment and administrative law, especially those who have experience with TSA regulations and procedures. An attorney can review the specifics of your case, including the nature of the test you failed and the typical responses to such failures, to determine the best course of action. They can also assess if there's a basis for arguing that you've been unfairly singled out.

Understanding the regulations cited by the TSA, such as Title 49 CFR 1540.105, is essential. This will help you and your attorney argue your case effectively, whether in negotiating with the TSA or in a formal legal setting. It’s important to gather any relevant documents, communications, and evidence related to your employment and the incident in question.

Lastly, if you believe that you're being treated differently than other employees under similar circumstances, document these instances. This could form part of a defense or potentially a counterclaim. However, whether you can take legal action against the TSA for what you perceive as unfair treatment depends on the specifics of your case and the advice of your legal counsel. It’s essential to act promptly and follow the legal guidance provided.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.