PPRuNe Forums - View Single Post - Allegiant fires pilot after ordering an emergency evacuation
Old 18th Nov 2015, 01:19
  #99 (permalink)  
peekay4
 
Join Date: Sep 2014
Location: Canada
Posts: 1,257
Likes: 0
Received 0 Likes on 0 Posts
... and IF it recognizes aviation safety rules as such a public policy
It doesn't. That's the point. FARs are federal rules, yet even Federal District Courts (much less a State court) will not consider FARs as part of a civil case on jurisdictional grounds. The case law is pretty clear on this one.

A couple of years ago there was a similar case where a Captain of a cargo ops was fired because he requested a different alternate for safety reasons. That required more fuel and offloading of some cargo. Management wasn't happy and fired him.

The Teamsters brought a wrongful termination civil suit on behalf of the Captain before Federal Court on the basis of public policy and PIC authority under FAR 91.3. The U.S. District Court threw out the case on jurisdictional grounds.

You can bet one of the first filings from Allegiant will be a Motion to Dismiss for the same reason.

The case was Airline Professionals Association, Teamsters Local Union No. 1224 v. ABX AIR Inc.
peekay4 is offline