I don't know whose argument this will validate but, as usual, Cathay SETTLED...
I think the US pilots ought to use these lawyers for all the current labor law violations going on in the US.
Navy Pilot Settles Military Employment Dispute With Cathay - Law360
Navy Pilot Settles Military Employment Dispute With Cathay
By Jenna Ebersole
Law360, Washington (October 29, 2015, 9:37 PM ET) -- A fighter pilot with the U.S. Navy Reserve settled his suit against Cathay Pacific Airways Ltd. in California federal court on Wednesday over allegations that he was fired when his military duties allegedly interfered with his work obligations.
A judge dismissed the case, which was filed in March, on Thursday after Cathay Pacific and former pilot Joshu Osmanski notified the court of the settlement on Wednesday. Osmanski, a Navy Reserve lieutenant commander, had claimed Cathay violated his rights under the Uniformed Services Employment and Reemployment Rights Act by allegedly firing him for frequent absences for military duties.
Cathay argued that Osmanski had failed to meet qualification and training standards and failed to mitigate the damage from his departure by then allegedly breaking the law in using his uniform and credentials to bypass airport security and later pursuing dental education instead of employment.
Judge James Donato ordered on Thursday that the case be dismissed without prejudice, but details on the settlement were not immediately available.
Osmanski faced criminal charges of entering an airport area in violation of security requirements for a Jan. 26, 2013, incident in which he was allegedly wore his Cathay Pacific uniform and flight crew identification card after he was no longer employed, according to court records in that case.
Osmanski was at the Honolulu International Airport while attempting to travel to start his job as a pilot at Atlas Air, according to the filings. He received three years of probation in April.
In his original complaint against Cathay, Osmanski said the airline had skirted his rights as a service member for years before the firing by hassling him over Navy obligations, requiring him to take unpaid leave for military service and not promptly allowing him back to work following a service-related injury.
While on Navy duty in September 2011, Osmanski ejected from a malfunctioning fighter plane shortly before it crashed and exploded, according to the suit, which states he sustained serious injuries and required months of physical therapy.
In February 2012, Osmanski requested to return to work, but Cathay replied that he first had to be medically cleared, which violated USERRA, the suit says. That law requires employers to first re-employ injured veterans returning from military injuries, then determine their medical status, according to the complaint. If the veterans are unable to return to their previous jobs, the employer is supposed to be find another position for the service member, Osmanski says.
Instead, Cathay allegedly kept Osmanski on unpaid leave for the next two months before telling him in April 2012 that he was fired, according to the complaint.
Attempts to reach counsel and representatives for Cathay were unsuccessful late Thursday. An attorney for Osmanski declined to comment.
Cathay Pacific Airways Ltd. and USA Basing Ltd. are represented by Michael W. Kelly, Angela N. O’Rourke and Daniel B. Pasternak of Squire Patton Boggs LLP.
Osmanski is represented by Matthew Z. Cotty of Crotty & Son Law Firm PLLC, Stephen Robert Onstott and Thomas G. Jarrard of the Law Office of Thomas G. Jarrard, and Michael B. Love of Michael Love Law Firm PLLC.
The case is Joshu Osmanski v. Cathay Pacific Airways Ltd. and USA Basing Ltd., case number 3:15-cv-01254, in the U.S. District Court for the Northern District of California.