Former AA flight attendant files suit

[ThirdSeatHero]

Oh, please, Bears. If you really believe that anyone at AA is soiling themselves over FMLA or WC issues, it's time to up your Geritol.

BTW, I'm still waiting to hear your justification for there only being two TWU members from BOS on the Pupoff list...

And if you really think most airlines DON'T single out FMLA/WC cases for "special" treatment, you need to up your medication of choice.


BTW: American hired a PI that videotaped her painting a rental home, she apparently was fired for a fraudulent WC claim.

The company, it would seem, is in hot water because the doctors were only worried about her working at high altitudes, not about doing housework.

 

[eolesen]

... Swain filed a workers' compensation claim and was evaluated by a neurologist, pulmonologist and other doctors, said Greg Bevel, Swain's attorney. All the doctors told her not to go back to work, Bevel said.

A few months later, Swain was videotaped standing on a step stool painting her rental home, Bevel said. American fired her in September for lying about her medical condition.

Bevel said doctors prohibited Swain from flying but not from doing housework.

He said the doctors were concerned about how a pressurized cabin would affect her.

"American takes the position that if you are off work, by God you better be lying in bed or seeing your doctor; otherwise you are being dishonest about your claim," Bevel said.

That's certainly more detail than was available earlier in the week, but at the surface, this still like a case where she got caught taking advantage of the system. If she had a valid doctor's order prohibiting her from flying, this would be a non-event.

I'm not a doctor, but can someone explain why would Swain be the only one essentially grounded for months (per the article)? It doesn't appear that any of the passengers or other crew members were under the same restrictions.

Did she happen to inhale more CO than anyone else on the flight? Was the rest of the crew using portable O2, and leaving her as the sacrificial lamb? More importantly, was there a doctor's order on file with the company preventing her from flying before she got caught on tape?

Yes, I know I'm being a cynic, but AA doesn't send out PI's on every WC case. It simply costs too much to do, so it's only done when they suspect or know someone is gaming the system.

I've seen too many examples where agents and FSC's claimed to have back injuries preventing them from showing up to work, yet they were caught moonlighting in jobs requiring just as much lifting/motion, such as as construction workers, bricklayers, lot loaders at Home Depot, just to name a few.

There's also some contradiction between what the lawyer claims and what AA is saying took place in DEN.

The lawsuit claims paramedics took affected flight attendants and passengers to a Denver hospital where Swain was diagnosed with carbon monoxide poisoning. AA is saying paramedics met the flight, but nobody went to the hospital. Seems to me that it would be pretty simple for the company to prove that she finished her sequence, or had to be trip-removed.

Then again, AA Corp Comm screwing up isn't anything new.

 

[jimntx]

I'm not a doctor, but can someone explain why would Swain be the only one essentially grounded for months (per the article)? It doesn't appear that any of the passengers or other crew members were under the same restrictions.

I was wondering the same thing. If there had been a mass exposure with multiple people handicapped--even for a short time--from the exposure, there would have been a lot more publicity at the time of the incident.

I also wonder if she is the flight attendant I heard about when I was based at DFW who had made a career of IODs and WC claims. According to what I heard--pure galley gossip, I admit--there was a f/a at DFW who had filed over 20 Injury on Duty reports and had filed for WC on multiple occasions, and had taken time off for each one.

She had better hope that her personnel file is as clean and white as newfallen snow. The company can reveal the contents in open court if it goes to the issue of termination, and the intent behind the termination.

Proving that someone was fired for illegal reasons is nigh on to "unpossible" in this day and age--particularly from a large corporation. The HR department makes sure that pretty much every 'i' is dotted and every 't' crossed before the employee is even called in to be told of the termination.

And, don't forget that our (flight attendant) contract calls for binding arbitration. If the union grieved the termination, the company would have to convince an outside neutral arbitrator that there were sufficient grounds for termination. Furthermore, I doubt the APFA would have refused to grieve the termination under the alleged circumstances because then the union would be open to a Duty of Fair Representation suit from the flight attendant.

 

[ThirdSeatHero]

That's certainly more detail than was available earlier in the week, but at the surface, this still like a case where she got caught taking advantage of the system. If she had a valid doctor's order prohibiting her from flying, this would be a non-event.

I'm not a doctor, but can someone explain why would Swain be the only one essentially grounded for months (per the article)? It doesn't appear that any of the passengers or other crew members were under the same restrictions.

Did she happen to inhale more CO than anyone else on the flight? Was the rest of the crew using portable O2, and leaving her as the sacrificial lamb? More importantly, was there a doctor's order on file with the company preventing her from flying before she got caught on tape?

Or prehaps its because she's the only one who went to the hospital, hence she was the only one diagnosed.

And while I too have seen plenty of people game the system I've also seen plenty of management screw ups as well. They do indeed waste thousands of dollars not only on flawed investigations, but thousands more on settlements when the affected individuals are brought back to work.

It seems most managements have taken up the doctrine "trust no one", so it should come as no suprise when they are sometimes bitten by that approach.

 

[jimntx]

Or prehaps its because she's the only one who went to the hospital, hence she was the only one diagnosed.

And while I too have seen plenty of people game the system I've also seen plenty of management screw ups as well. They do indeed waste thousands of dollars not only on flawed investigations, but thousands more on settlements when the affected individuals are brought back to work.

It seems most managements have taken up the doctrine "trust no one", so it should come as no suprise when they are sometimes bitten by that approach.

And, if you were talking about a non-represented employee--such as a gate agent--I would agree with you. But, since she was a flight attendant, there was an arbitrated grievance process that had to be gone through before the company could have successfully terminated her.

And, remember we are talking about a work group where one flight attendant has been "terminated" twice for telling a F/C passenger to "GO F**K" themselves and the arbitration process has given her job back to her both times.

 

[ThirdSeatHero]

And, if you were talking about a non-represented employee--such as a gate agent--I would agree with you. But, since she was a flight attendant, there was an arbitrated grievance process that had to be gone through before the company could have successfully terminated her.

While I'm not intimately familiar with AA flight attendant contract, I doubt she had to go to arbitration before they fired her.

I'm quite sure the company fired her, and she was allowed to appeal the termination through the grievance process. That is of course unless the APFA has some absolutely "wicked" grievance language that would allow her to remain employed while the grievance process is exhausted.

An arbitrator would only have "upheld" or "overturned" her termination.

BTW In California(all state WC laws are different)a workmans comp dispute can run parallel to a CBA related grievance process.

 

[jimntx]

While I'm not intimately familiar with AA flight attendant contract, I doubt she had to go to arbitration before they fired her.

I'm quite sure the company fired her, and she was allowed to appeal the termination through the grievance process. That is of course unless the APFA has some absolutely "wicked" grievance language that would allow her to remain employed while the grievance process is exhausted.

An arbitrator would only have "upheld" or "overturned" her termination.

BTW In California(all state WC laws are different)a workmans comp dispute can run parallel to a CBA related grievance process.

Well, if you want to split hairs, go right ahead. Whether one is terminated before the arbitration or after, if the company successfully terminated her in the end, then the termination was upheld. The company must have had a pretty compelling case.

As for a parallel grievance and WC case...
I doubt seriously the company terminated her "for filing a WC claim and having her picture taken standing on a stool while painting." There had to have been more than that.

Between the CBA and Federal labor laws, there just HAS to be something else to this case that we don't know at this point.

 

[nbmcg01]

Well, if you want to split hairs, go right ahead. Whether one is terminated before the arbitration or after, if the company successfully terminated her in the end, then the termination was upheld. The company must have had a pretty compelling case.

As for a parallel grievance and WC case...
I doubt seriously the company terminated her "for filing a WC claim and having her picture taken standing on a stool while painting." There had to have been more than that.

Between the CBA and Federal labor laws, there just HAS to be something else to this case that we don't know at this point.

WC is handled outside of union.

 

[ThirdSeatHero]

Well, if you want to split hairs, go right ahead. Whether one is terminated before the arbitration or after, if the company successfully terminated her in the end, then the termination was upheld. The company must have had a pretty compelling case.

As for a parallel grievance and WC case...
I doubt seriously the company terminated her "for filing a WC claim and having her picture taken standing on a stool while painting." There had to have been more than that.

Between the CBA and Federal labor laws, there just HAS to be something else to this case that we don't know at this point.

Not splitting hairs at all. The grievance process up and to arbitration is not a swift one.

Most managements fire the individual and use the process as punishment. Like I said before, if APFA has grievance language that allows a FA to remain employed while the grievance process is exhausted, more power to them.

as for the WC case as I said before (at least for CA) it can run parallel with the CBA procedures. ie; she could have a WC hearing before her arbitration hearing.

 

[NewHampshire Black Bears]

Oh, please, Bears. If you really believe that anyone at AA is soiling themselves over FMLA or WC issues, it's time to up your Geritol.

BTW, I'm still waiting to hear your justification for there only being two TWU members from BOS on the Pupoff list...

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

eolesen, do yourself a favor, and don't make a fool of yourself, in front of everybody here !!

FOR EXAMPLE;

(As YOU WELL KNOW)

AA "pounds it into our heads from day one", to report ANY and ALL Work place incidents.
(And as YOU further KNOW, AA does'nt do THAT out of the "goodness of their heart" because of their CONCERN for the employee, THEY DO THAT OUT OF CONCERN FOR INDIVIDUAL STATE LABOR LAWS ) !!!!!!!!!

(MOVING ON

So the employee, follows AA's "suggestions" to the letter, and then.......(YOU KNOW whats coming next eolesen, DON'T YOU ?).......Then AA issues you the Infamous .."LETTER OF CONCERN", listing all the times you filed, and the parts of the body affected, and then........STRONGLY IMPLIES, that the employee is "rushing" at their assigned task, which contributes to ..WORKING UNSAFELY !!!!

( , at this very moment, I'm reading through the SUPERVISORS MANUAL, that "happened" to come into my possession, many years ago,...the very same one..YOU/eolesen use to read, that pertained to dealing with WC injuries)

It's a system DESIGNED to "TRAP" people who follow AA rules !!!!!!!!

(I'm NOT speaking about the 25 year employee, who files "1" WC claim in his/her career.)

I'm guessing that AA does'nt like the WC claim, and is "taking a shot" to get rid of her, via a different avenue.

NH/BB's

Yes eolesen, BOS has not stepped up, on the PUPOFF issue.(JUST LIKE TULSA) !!!!!!!!!!!!!!!!!

As for me, if I were still active, my name would be made public.

(Yes-yes eolesen,I DO realize that some retirees have listed there names)

 

[Bob Owens]

And if you really think most airlines DON'T single out FMLA/WC cases for "special" treatment, you need to up your medication of choice.
BTW: American hired a PI that videotaped her painting a rental home, she apparently was fired for a fraudulent WC claim.

The company, it would seem, is in hot water because the doctors were only worried about her working at high altitudes, not about doing housework.

There was a case at JFK a few years back where a worker who had a back injury was fired because Corporate Security went to the other place he was working(he had both jobs for many years like most workers in NYC).

Prior to this the worker had given the company a note from a doctor limiting him to light duty but the company refused to allow him to come back until he was at full capacity. His second job was a salesman, it required no heavy lifting or climbing, so the company lost the case and the worker got full back pay.

 

[eolesen]

So.... what ever happened with this court case?

 

[PattiHaddon]

Oh, please, Bears. If you really believe that anyone at AA is soiling themselves over FMLA or WC issues, it's time to up your Geritol.

BTW, I'm still waiting to hear your justification for there only being two TWU members from BOS on the Pupoff list...

 

[PattiHaddon]

Oh, please, Bears. If you really believe that anyone at AA is soiling themselves over FMLA or WC issues, it's time to up your Geritol.

BTW, I'm still waiting to hear your justification for there only being two TWU members from BOS on the Pupoff list...

Eoleson,
I'm still waiting to hear your justification for not being on the Pupoff list.
Patti Haddon
Pupoff

 

[AC AA LA FA]

Eoleson,
I'm still waiting to hear your justification for not being on the Pupoff list.
Patti Haddon
Pupoff

dont hold your breath Patti, some serious kool aid drinking has gone on in these parts......