AirTran Airways Pilot Granted with $1 Million Wage and Hour Claim

A terminated pilot from AirTrans Airways was finally granted with more than $1 million interest for wage and hour claims as well as compensatory damages after the said airline subsidiary company terminated him for blowing the whistle. Furthermore, the U.S. Department of Labor’s Occupational Safety and Health Administration have required the AirTrans to reinstate the former employee to become a pilt again.

Allegedly, the pilot was removed from his flight status on August 23, 2007 for a pending investigation after he reported numerous mechanical concerns. On the internal investigation, which was conducted by the AirTrans on September 6 2007, the airline company said that the pilot was not able to satisfactorily answer a question regarding the Pilot’s Mechanical Malfunction Report (PIREPS). A week later, AirTran terminated the aforementioned employee

However, through the investigation done by the Occupational Safety and Health Administration (OSHA) regarding the pilot’s termination, the agency found out that the pilot did not refuse to answer any of the questions during the airline company’s internal investigation. Moreover, the pilot’s answers to the inquiries were right and appropriate. Such actions were considered as retaliatory.

Through comment, the agency’s Assistant Secretary, Dr. David Michaels said that retaliation of a pilot reporting mechanical malfunction is unusual for a company who values the safety of both employees and customers. He further added that Whistle Blowing Laws as well as the Department of Labor are created to the protect workers’ freedom of right to voice out safety concerns.

The agency found a reasonable cause to believe that the pilot’s wrongful termination was an act of retaliation in violation of the whistle blowing law of the Wendell II H. Ford Aviation Investment and Reform Act for the 21st Century or the AIR21.

Employees ought to remember that if the act of retaliation involves termination, the employee could likely file a wrongful termination lawsuit under the whistle blowing laws. However, terminated employees may not fully understand their rights under the said law; therefore, workers would need the help of experts like the Los Angeles wrongful termination lawyers to help determine if they may file any wage and hour claim.