TBucket

And that, my friends, is why unions are necessary. (And no, I don't consider their parking-lot-attendant-local an actual union)...

Mason32

I'd get a lawyer and sue. Just because you are new and not yet under the full protection of whatever contract they may have... an emplyer still has to have a valid for cause reason for dismissal. If you comments were in an area only accessible by employees and not able to be picked up by the public then you have a good case based on most prior case law.

Certainly worth calling one and spending a few minutes discussing it. Nothing to lose, everything to gain...

HercDriver130

probationary pilots generally have no recourse and can be fired without cause.

Mason32

Umm, no. They can not be fired "legally" without cause. Can they be fired; yep... but they'd win in court. What you most likely meant was that Probationary pilots typically have no recourse through the grievance process, but are still afforded all the protections of the underlaying contract. For example, if the contract says you get 11 days off minimum, they can not schedule a probationary pilot for 6.

That being said, I was not refering to contracts, I was refering to general labor law, even under the RLA. It is a common misconception that employees may be fired without cause... they can't. Is it done all the time to probationary people; yes.... and slippery language in some contract lends the illusion that it is allowable. That does not mean it will stand up in court, and wouldn't cost the company big money for the impropper termination.

DryMotorBoatin

They asked if I was familiar with the probation part of the cba. The weird thing is, at first I got a phone call saying I didn't get hired...then 3 weeks later I got another phone call telling me not to ask any questions and to show up to class on Monday. I went from not hired, hired, fired. All 3 under odd circumstances.

DryMotorBoatin

Also...I didn't fight it because I figured that if they really wanted me fired all they would have had to have done was fail me twice on an oral or wait for the slightest slip up out on the line. I don't think it would be too difficult to find "just cause" if they really wanted to.

HercDriver130

fired is fired. He was working at gojets for christ sake.... its the best thing thing that could have happened to him.

Improper termination...stop smoking crack. He was in his first day... they fired him. Might he win a wrongful termination suit? Maybe... but probably not... and even if he did ... does he have the time and money to fight it..... ? Seeing as he was willing to work at Gojets... probably not.

Hell in this case if he was mocking the company as alleged.. they could easily fire him saying his loyalty to the company was in question thus he was terminated.

have to agree with the guy.... better to just be fired that pink slipped during an oral or sim ride!!!

Sometimes battles just are not worth fighting...

Mason32

True, but it can always be better... they have opened themselves up in a HUGE way. Calla good labor lawyer, and let him/her keep 50% of the take; you'll be happy in the end, and it couldn't happen to a better company.

Most Lawyers will take that case on a paid if we win basis, since the odds are so heavilly in his favor based on the company actions... he has nothign to lose.

Yep, they can try that.... Why is it so hard for you to see that he has one heck of a case for wrongfull termination? Was he someplace the public or customers could hear? No, end of story. It's not my job to educate you on legal precedent. Based on what has been stated here, he has a very good case, that's all.

The trick here is he doesn't really have to fight. He can get a free consultation with just about law firm. They will tell him in the first 30 minutes if he has a legal leg to stand on. If he does, they will offer to do the work for free for a higher percentage of any awards. he has nothing to lose, and a very awsome chance to make a swine company pay for their own stupidity.

HercDriver130

I think you are wrong Mason. But hey that is why this is a great country we can disagree!!!

actually...i probably think the truth lies somewhere in the middle....

here is something else to think about....

There is no wrongful termination law per se, but rather a variety of state and Federal laws with provisions that protect employees from it. Under such laws, wrongful termination might apply if your employer fired or laid you off, or forced you to quit or retire. Below are just a few examples of reasons to justifiably claim wrongful termination.

Discrimination
Employers can't legally terminate you solely on the basis of gender, race, creed, disability and a variety of other discriminatory reasons. But if a discrimination isn't specifically covered by a law, you are not generally protected from that type of discrimination.

For example, if your boss fires you simply because he or she doesn't like you on a personal level, good cause or not aside, that's not discrimination by law. But, if you can prove that he or she doesn't like you for one of the reasons protected by law, and furthermore, that's why he or she fired you, then it's discrimination and you likely have a winnable case.

minimwage4

Well we don't know the case but even if there are no customers around you can't go around badmouthing the company at the HQ where the managers are! At that point, they can do whatever they want, especially for a pilot just starting ground school at an airline that has thousands lined up to take his/her job.