PPRuNe Forums - View Single Post - Cathay sued in USA for illegal termination
Old 20th Mar 2015, 01:59
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Shep69
 
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I have no idea if the guy's a hero or dirtbag or anything in between.

BUT I do know that the case will come down to 2 things:

1. Does the USERRA apply to a foreign corporation who operates and stations people in the US (the USERRA isn't alone in this regard; there are many other US laws which are very similar to this one and specify foreign corporations which touch US soil or operate and/or have personnel in the US--regardless of where their contract is from or even the terms of their contract. In fact, the whole 'onshoring' thing is a bit of a farce in that in terms of some legislation it doesn't matter. And this would apply to anyone; whether it's CX, Malaysian Air, Air China, Air India, or Korean Air).

2. Was the USERRA violated ? (the complaint looks pretty damning and based on the track record is probably correct; I can't help but think of how bad some of the OTHER statements made about other matters would look in a courtroom outside of Hong Kong--it seems some folks miss a good opportunity to keep silent on issues from time to time).

If a jury believes the answer to both these questions is yes, CX will take a bath. The complaint also implies punitive damages (to add further injury to insult the entire process is overseen by the USDOJ which can pick it up and run with it levying ADDITIONAL fines and penalties on top of the civil case if it feels the situation warrants it). And loss of CX money also comes out of the pockets of those who work there. The thing that concerns me is the arrogance involved in thinking one can ignore the laws of nations CX operates into with impunity because this is not usually the case.

I don't know how this will be played, but even if I was Perry Mason I'd shudder at trying to defend an "Evil Big Foreign Chinese Company that behaved badly" against a decorated and injured on duty US war vet in uniform (not saying this is the case at all but I think it could be played that way) in front of a sympathetic California jury.
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