forced out, need lawyer
- Thread starter maxpay
- Start date
Hopefully the attempted sidetracking of this thread does not diminish the chance at a helpful reply. The employee has been there over 10 years and believes that max pay kicks in at 11. This person has been told to choose between quitting, being fired, or admitting in writing to not providing quality customer service on two specific occasions (which I think will just result in firing also, but with better ammunition). It seems to me that the concept of max pay itself would imply some kind of contractual relationship as opposed to simply at-will, but if I really knew anything about employment law I wouldn't be asking for a referral.
I assume that most people can see the real troll here. Please use some self control and only reply if you have something useful to add. It is pretty sad that someone would try to sabotage people seeking assistance from this forum.
Thank you,
-max
Results 1 - 10 of about 1,490 from usaviation.com for eolesen (that pretty much confirms it)
I assume that most people can see the real troll here. Please use some self control and only reply if you have something useful to add. It is pretty sad that someone would try to sabotage people seeking assistance from this forum.
Thank you,
-max
Results 1 - 10 of about 1,490 from usaviation.com for eolesen (that pretty much confirms it)
A
American Air Surf
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Here is the real, meal deal-
1.) If you are not in a union, or covered by a contract- You are considered a At-will-employee, and you can be fired for anything-, especially in Texass. But do check state laws, I think California is a exception that comes to mind.
2.) Now if the if their is any kind of discrimination involved, Pay (disparity) Age, Race etc ..., which is covered under the EEOC (Equal Employment Opportunity Commission) you then have standing. If I were you, or your friend- Head down to EEOC, and file the paperwork immediately!! Then have your friend tell the company, they have filed with EEOC. There are time limits to file a claim.
Other than the above, that is about it......
A
American Air Surf
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NewHampshire Black Bears
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Heaven Forbid your friend....Slips, falls, or is Injured on the job..With WITNESS's 
Hopeful
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WeAAsles
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I'm sorry for your friend. Being in a right to work State puts anyones job at risk. I don't think a lawyer will help though unless he/she goes through the proper channels first? HR and as the other poster stated EEOC would provide ammunition for a possible case with an attorney. Now something else you might want to think about and not to rub salt I swear. Does your friend have alot of instances of poor customer service? Not that I would put it against AA mgmt at all but it doesn't make sence to just fire someone because they're at top pay. I work on the ramp under TWU but I know alot of agents that have been topped out for many years and the company hasn't fired them. What protects them from this type of behavior is the knowledge that if AA were to do this it would have a new unionized group on there hands faster than you could shake a stick. Good luck to your friend.
eolesen
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So this has nothing to do with max pay, it has to do with performance. EEOC won't touch it the documentation is in their file.
One thing AA's really good at is culling out underachievers in the non-union area, especially before layoffs.
Being in a right to work state is a red herring -- unionization in the airlines isn't subject to state law, and while there are some standards states can try to apply, poor performance isn't protected by any state that I'm aware of.
One thing AA's really good at is culling out underachievers in the non-union area, especially before layoffs.
Being in a right to work state is a red herring -- unionization in the airlines isn't subject to state law, and while there are some standards states can try to apply, poor performance isn't protected by any state that I'm aware of.
WeAAsles
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Eric (Eoelsen)
Are you just a very mean nasty person or what? None of us know what the circumstances are regarding this person's FRIEND. You don't need to make assumptions or cast aspersions on someone who's maybe about to lose a long time profession? Are your thoughts on this site always with your eye towards the company? If so then it would be very hard to have any consideration to anything you have to say here. Think about it man and show some compassion. :down:
And before you remind me that you're a veteran poster and I'm closer to a newbie DON"T. It really doesn't matter to me. Your words are sometimes wrong and very hurtful almost to the point of being hateful.
Are you just a very mean nasty person or what? None of us know what the circumstances are regarding this person's FRIEND. You don't need to make assumptions or cast aspersions on someone who's maybe about to lose a long time profession? Are your thoughts on this site always with your eye towards the company? If so then it would be very hard to have any consideration to anything you have to say here. Think about it man and show some compassion. :down:
And before you remind me that you're a veteran poster and I'm closer to a newbie DON"T. It really doesn't matter to me. Your words are sometimes wrong and very hurtful almost to the point of being hateful.
Wretched Wrench
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Hopeful
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Golly gee Eric.....You even know all the details about this person's case? Simply Amazing!!!
You truly are on oracle,,,......
Do you think you can pick the winning lottery numbers for me?
jimntx
Veteran
It's been established that TOS around the company is reached in 10-12 years (actually for us flight attendants, it's 15 years). That is not a "long time" profession. You want to talk long time employees losing their jobs, think about Enron or the outsourcing to India, et al back in the 90's in a lot of companies of Information Technology employees that had 20-30 years with the same company.
As a union member, I have to say that there's something about this whole thread that doesn't "smell" right.
With all the beefs I have about AMR management, getting rid of people simply because they have reached TOS is not one of them. If they could do that my seniority would go way down (or up depending on how you look at it). As of the June seniority reshuffle, 67% of the flight attendants on the seniority list are at TOS--i.e., they have 15 years or more. For that matter, there is no one on the list with less than 7.5 years even including the flight attendants still on furlough. And, I know a number of non-union, non-management employees at AA who have many, many years with the company who are not being "gotten rid of because they are approaching max pay." Good grief, we would have to hire almost a complete staff of gate and ticket agents if that were the case. Most of those employees have been at TOS for their jobs for many years, and they are non-union.
In a lot of companies, tenure for non-union employees is sort of like the military--up or out. If you reach a point where you can not be promoted (for whatever reason, but job performance is the most likely), then you go out the door. Or, technology improvements have made a job obsolete or unneeded. We have not heard the whole story here.
Why would your "friend" want to hire a lawyer who has "dealt with AA?" You want someone who already knows how to lose? If it were me I'd want someone who knows employment law. 😀
Seriously, many local bar associations operate referral services at no charge. Call the local bar association and ask.
Unless you can show discrimiation based on race, gender or other protected categories, you're not going to win. It's legal to let people go for any reason or no reason unless you can show illegal discrimination. That's what at-will employment means. Having a pay scale that pays more for experience doesn't transform at-will employment into anything different. Good luck.
